What is an Uncontested Divorce?  An Uncontested Divorce is one in which from the beginning the parties are able to agree on all terms.  This agreement between the parties is put into writing in a “Settlement” or “Compromise” Agreement.  That agreement is then filed and announced in court. Sometimes people file uncontested divorces without an attorney however I would strongly advise that you always seek legal counsel when children and property division are involved.

An uncontested Divorce is generally less expensive and quicker than a contested divorce.  However, for it to be uncontested the parties must be in complete agreement.  Also remember that generally the attorney only can represent the interest of one of the parties. So, read carefully anything before you sign and don’t be afraid to consult with an attorney to review any proposed settlement agreement.

Where I practice an Uncontested Divorce generally takes the following course.  One or both parties contact an attorney to set up a meeting.  The attorney meets with the client and based on the information given to the attorney prepares a Complaint for Divorce, A Settlement Agreement and Child Support Worksheets if there are children of the marriage.  Both parties then sign the required documents and consent in writing to the Settlement Agreement.The attorney files the documents with the clerk of court and requests a court date 30 days after the Complaint is filed.At a court date 30 days after the Complaint is filed the parties appear in court to announce their agreement and the Divorce is finalized.

Posted on: 26 Feb, 2015          under: Family Law