Do you and your spouse want to avoid an expensive and long divorce? Do you already have an agreement in place regarding the custody of your children and/or property of the marriage and you want to avoid multiple court dates? An uncontested divorce may be the right option for you. An attorney drafts the paper work, guides you through the sometimes complex legal process, and can make the process simple and less time consuming for a reasonable fee.
What is an uncontested divorce?
Divorces that are contested can cost more money and take up more time than you can afford. A divorce is basically an order from the court granting your divorce and deciding what’s going to happen to the property of the marriage and what the custody plan will be for the children.
An uncontested divorce is a divorce where there is no dispute as to any issue regarding child custody or property of the marriage, and both parties are willing to sign documents that an attorney proposes to a court for final approval.
How do I start my uncontested divorce?
An attorney may usually only represent one of the parties in an uncontested divorce in case the divorce becomes contested during the 60 day waiting period to avoid a conflict of an interest. The steps are as follows:
1) Come in for free consultation to receive a a flat-fee quote (includes filing fees to the county) for your uncontested divorce.
2) Client makes payment and is then interviewed about the information needed to draft the documents for the divorce.
3) An Original Petition for Divorce will be drafted, you will review it, and it will be filed with District Clerk’s Office after your approval.
4) The other spouse that we do not represent will need to sign a Waiver of Service and be given a copy of the Original Petition for Divorce to avoid being served and to release their obligation of having to go to court.
5) Both parties sign an Agreed Divorce Decree that reflects all the agreements regarding the property and children of the marriage.
6) A court date is set following the 60 days after the filing and one or both parties recites the agreement to the court and asks that it be approved.
7) The judge will decide if he/she approves the agreement and may grant the divorce based on the findings.