An uncontested divorce means a consensual divorce. They agreed verbally, such as property division, alimony, and custody, and agreed to live without seeing each other right away. Let’s go through the general process and see how long it will take and how it differs from a court divorce. The contents below may vary slightly by region.
Index
Uncontested divorce
As mentioned earlier, divorce by agreement is a state in which both spouses have agreed to the divorce, and it is made with a promise in all areas, such as property, alimony, and custody. Can you feel the difference between uncontested and contested divorce?
Even if a verbal agreement is reached, parental and custody agreements are important. Clearly, you must decide who will raise the children, the husband or the wife. Another feature is that in divorce by agreement, both parties must appear in court, and at this time, the representative cannot participate. So, there are cases where you prepare for a divorce on your own or receive only simple counseling. Let’s take a look at the procedures and key issues you might have missed.
Procedure
- Spouse divorce agreement
- Visit Family Court and File for Divorce
- Divorce Mediation Period, Interview, and Notarization
- Divorce Agreement Confirmation
- Divorce Report and Termination
What is the divorce mediation period?
This is a period of time to think about, to prevent impulsive divorce, and to lead a reunion rather than a divorce. The duration will vary depending on the age of the child. If your child is a minor, leave a 3-month period. If you are an adult, you have a one-month period. After the divorce mediation period is over, you can go to court and discuss the divorce by agreement again. If the two people’s doctors are sure, you can get a divorce agreement.
However, if at least one of the spouses does not appear on the first given date, an additional month is given. And even then, if at least one of the spouses does not attend, the divorce application by the agreement will be null and void. If one party desperately wants a divorce, you will have to convince your spouse to re-apply for a divorce by agreement or proceed with a litigation divorce.
So how long will it take?
Incontrovertible divorces can take as little as 1 month and as long as 4 months or more. If it goes to divorce in court, it may take longer.
✅ Ref. What is the divorce mediation process?
Interview system
Prior to divorce by agreement, the couple meets with a counselor appointed by the Family Court. I am trying to annul the divorce, such as whether I am impulsively calling for a divorce, or whether there is room for misunderstanding and affection like at the beginning of the marriage. You may receive multiple consultations if you wish.
Notarized divorce by agreement
Even if you have reached an agreement if you have any doubts about whether the other party will faithfully implement it, have it notarized. If you go near the courthouse, you can find a notary law firm or attorney. Get legal before the divorce conciliation period ends, as it’s cheaper than the cost of a divorce and has an advantage in case of a subsequent failure to file a claim. It is recommended that you notarize the divorce papers on the day you submit them to the Family Court.
What to do after uncontested divorce
There are things to do after divorce. This will also vary from state to state, but check it out. The uncontested divorce agreement must be submitted to the relevant authorities. At this time, both spouses must sign. Get your signature in advance. Submissions need only be made by one representative. If you do not report within 3 months, your divorce will be null and void and you will have to go through the process again or you will remain married.
Misunderstanding and delusion
Sometimes there is a misconception about child support. This is a mistake mainly made by women, but I think that if my husband raises children, I do not have to pay child support. On the other hand, if the wife raises the child, he or she thinks that he or she does not have to bear child support. It’s not like that.
Child support is borne by both spouses, but the ratio is set higher only for those who do not have direct parental authority. Standard child support standards vary by region, age, and income. Therefore, please visit the Family Court to inquire about related matters and fill out the child support payment report. Non-compliance will be the basis for claim litigation.
This time, we looked at the uncontested divorce process. If your marriage is only hurting each other, divorce by agreement can be a solution. However, if you are impulsive and caught up in the mood, take the time to consult with a professional. It is also your role as a parent to understand each other and reflect on yourself.
The contents may vary by region, so please consult with a attorney or seek help. Divorce attorney near me.
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