An uncontested divorce occurs when both spouses agree on all aspects of their separation. This includes child custody, parenting time, child support, spousal support, and the division of marital property. By reaching an agreement on these issues, couples can avoid a lengthy and costly court process.
Situations requiring court appearance
Despite the mutual agreement, some states still require court appearances. For instance, in Ohio, both parties must appear in court and testify under oath. In contrast, couples in Hawaii can finish most uncontested divorces through a sworn statement. This eliminates the need for court appearances if the parties complete and file all documents.
The uncontested divorce process
Initially, you and your spouse need to draft a divorce settlement agreement. This document should clearly outline all agreed-upon terms. Following this, you must file divorce papers, such as a complaint, and adhere to court procedures regarding service or waiver of service.
A court hearing may still occur to review your agreement. During this hearing, a judge may ask questions to ensure both parties understand the terms, have disclosed all assets and liabilities, and believe the agreement is fair. If the judge finds everything in order, they typically approve the agreement.
Drafting the settlement agreement
Creating a settlement agreement can be complex. You and your spouse must agree on all terms before presenting it to a judge. If your situation involves significant assets, the process can become more complicated.
Hiring a divorce lawyer can be beneficial for drafting the agreement. A lawyer can protect your rights and review the agreement to prevent potential issues. Many individuals choose to hire a lawyer solely for this part of the process to keep costs low while securing a fair agreement.
While an uncontested divorce offers a more streamlined and cost-effective alternative to traditional divorce proceedings, it is essential to understand its specific requirements. By understanding the process, couples can achieve a resolution that respects both parties’ interests and avoids the stress and expense of prolonged court battles.