Is it possible to get divorced without experiencing a heightened level of emotions? Stories of divorce wars play out in the news, on television, and in the movies. We are inundated with tales of couples fighting over everything including the family dog. However, there are also many amicable divorce stories that we do not hear.
An uncontested divorce occurs when both spouses agree to end the marriage. One spouse files for divorce and the paperwork process is streamlined, with child custody and property arrangements included in the primary divorce documents. A court will grant an uncontested divorce if the other spouse agrees to this or does not make an appearance in court. This divorce by agreement saves time, money, and arguments.
A divorce that is uncontested can be finalized in just 31 days within some jurisdictions. Resolutions to all issues are included in a written settlement agreement that both parties sign and may need to be notarized. The Complaint for Divorce and Settlement Agreement are filed together and the defendant spouse must sign and file an Acknowledgement of Service indicating receipt of the Complaint. The plaintiff spouse must plead a no-fault reason for divorce such as irreconcilable differences and appear before a judge to finalize the divorce.
Divorce is usually not without its conflicts but an uncontested version can reduce the potential for disagreement simply due to the reduced number of proceedings. With fewer situations requiring legal negotiation, the couple speeds through the process and can get on with their lives. Uncontested divorce help from a family law attorney can further reduce the potential for conflict.
A divorce by agreement is not suitable for everyone. Couples dealing with complicated distributions of property or complex decisions about child custody may not find it feasible. The simplicity that this type of divorce offers comes at the price of not being able to accommodate such situations. When going through an uncontested divorce, a couple with children must make additional child custody filings. In some states, this type of divorce is not available to couples with children.
An amicable divorce may seem like an oxymoron but many couples have experienced it. These stories of divorce without fighting do not receive much attention because they are not considered exciting. However, to the couples who were involved, these are positive testimonials for the divorce process. Being able to get through a divorce without permanent emotional scars is commendable.
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