Regardless of how long you and your partner have been married, filing for divorce is not easy. More often than not, divorce can be messy and complicated. Fortunately, there are ways to have an uncontested divorce. Talking to a Montgomery divorce lawyer can help you figure out how to have a simple and less stressful divorce.
What is an uncontested divorce?
An uncontested divorce is when the couple has already resolved all the divorce issues. This means they do not need a judge to make agreements and decisions. Some of the major issues that need to be resolved in a divorce are:
- Child custody
- Child support
- Visitation timings
- Division of property
- Spousal support
- Division of debt
In an uncontested divorce, if you have resolved all of the issues of a divorce, you may never have to step foot in the courtroom. An uncontested divorce is significantly less financially draining than a contested one.
What are the steps to have an uncontested divorce?
The steps to having an uncontested divorce are as follows:
- The petitioner: the petitioner is the person that is filing for divorce. They must decide how they want the marriage to end, by annulment, legal separation, or divorce.
- Agreement: to have an uncontested divorce, both partners must agree about the different issues involved in a marriage. Once you have agreed, you can proceed with the divorce process.
- Paperwork: the petitioner fills all necessary forms according to the state laws.
- Filing: the petitioner then files with their local courthouse, and a court clerk will begin the divorce proceedings by starting a file.
- Serving: a legal adult, who is not involved in the divorce case, will then serve the other party copies of the paperwork.
- Decisions: the respondent decides if they want to move forward with the uncontested divorce or if they have issues they want to be resolved in court.
- Response: if the respondent chooses to move forward with the uncontested divorce, they must complete the necessary paperwork within 30 days of being served.
- Serving: a legal adult, who is not involved in the divorce case, will then serve the petitioner with copies of the respondent’s paperwork.
- Disclosure: the next step is the preliminary declaration of disclosure.
- Approval: the court signs an approval and declares the couple legally divorced.
Speak to a divorce attorney today.
If you and your spouse are considering filing for a divorce, you would want the divorce process to be as easy as possible and have less financial and emotional stress. It is advised to consult an experienced divorce attorney to get professional legal help with your divorce process and avoid any crucial mistakes.