An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. Usually it is a matter of filing the necessary court forms along with a marital settlement agreement when applicable. Your settlement, and your final divorce will then be approved by a judge.
In cases where there are minor children involved or there is marital property or debt, a marital settlement agreement comes into play. An agreement will include details about how you and your spouse plan to divide property and how you will handle existing debt. With regard to children, you must include information regarding the child custody & vistation arrangements you and your spouse have agreed upon and what child support payments have been worked out.
You can prepare and file court documents independently, but it will require some legwork. It is advisable to have an attorney to look over your paperwork before filing, especially if a settlement agreement will be included. If you and your spouse have retirement accounts, you will want to have the accounts valued by an actuary or have an attorney prepare the special court order to distribute them.
An uncontested divorce is the best approach for saving time, money and, hopefully, fostering cooperation between you and your ex, particularly when children are involved. However, there are times when couples cannot find common ground and need to pursue other options such as mediation or a contested divorce.
If you are considering divorce and have questions regarding the type of approach that fits your situation or other family law concerns, contact the Law Offices of Ronald L. Bell P.C. for help.