With the amount of divorce that arises in our nation regularly, there is much to be said for an uncontested divorce. Say the couple can determine the separation of marital property; child custody, and support; along with any other combined property, there is little need for the court. That can make for a smooth separation.
What Is Uncontested Divorce?
Basically, on the occasion of an uncontested divorce, two people agree together upon the need for divorce. The beginning of the divorce works with the statement of the couple that they can work out the issues of separation among themselves and without the court. This is often a process that saves both time and cost for the couple filing divorce, as they only need to submit the petition and documents themselves, without the assistance of battling attorneys. The final settlement agreement is placed with the court at single attendance with the couple, and upon review by the judge, everything is determined whether or not it is in order. The intention for the uncontested divorce is that there will be no need for a hearing or attorney fees, working for the benefit of all parties.
What is Uncontested Divorce with Children and Marital Assets?
While there are pieces of a marriage that make the filing of uncontested divorce difficult, especially when there are children involved. Usually, when the marriage has lasted a shorter time, allowing for no children and fewer assets, the ability for an uncontested divorce is easier. However, the uncontested divorce is possible in any situation, so long as a couple can follow through with the statement of easy separation that is made upon filing the paperwork.
Considering the couples that do have a decent amount of marital assets, and children as well, there are plenty of things that must be agreed upon for a divorce to be granted by the judge. To save the need for child custody lawyers and divorce lawyers, as well as gain the uncontested divorce, the couple must submit a complete marital settlement with the following details for the separation:
- Written parenting plan including custody and visitation
- The amount of child support paid along with custody
- Any spousal support that is agreed to be paid, if at all
- The division of all marital assets, property, and debts
What is Uncontested Divorce about Child Custody?
Unfortunately, based on the state in which you live there are different requirements for the determination of custody when divorce is filed in any format. Some states may allow the division of property and assets to be submitted by the couple for an uncontested separation. However, there is a requirement for court proceedings to determine the custodial parent. This may simply be the need for a family court to make this decision, without the long and drawn out battle of divorce attorneys with all of the other details that have already been determined on paper.
Therefore, with so many different requirements for divorce, there is much to consider in the effort to file an uncontested divorce. It must be done carefully and in detail while working together with the flexibility. It is important that any battle arising during the divorce can lead the judge to deny the uncontested divorce submission, then spreading out the divorce through the standard court procedure.