What is an uncontested divorce? 32 Answers as of August 24, 2011

My husband and I both agree that we do not want to be married anymore. We are both willing to cooperate in the divorce filings. Would this help us speed up the process? Are there any benefits of having an uncontested divorce? Is there such thing here?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You file all of the required documents from beginning (e.g., petition) to end (e.g., decree), sign them and have a judge sign them in accordance with the County's local rules.
Answer Applies to: Washington
Replied: 8/24/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
It is refreshing that you are both so enlightened and reasonable and mature. The more you cooperate, then the quicker and less expensive that your divorce case will be.
Answer Applies to: Pennsylvania
Replied: 8/22/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
An uncontested divorce means the parties agree to all terms of a divorce by agreement including provisions related to property division, spousal support, payment and division of debts and, where it is an issue, custody, parenting time and child support. The divorce is finalized when each party reviews and signs a Marital termination Agreement which is incorporated as part of a final court order.
Answer Applies to: Minnesota
Replied: 8/18/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
An uncontested divorce simply means that the parties will be filing the divorce without the need for judicial intervention. The proper papers will still need to be prepared and filed, all required filing fees paid to the court and the judgment of divorce signed by a judge or applicable magistrate. You should consult with an experienced matrimonial attorney to assist you in the process.
Answer Applies to: New York
Replied: 8/17/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
The term can mean a couple of things. First, it can mean a divorce in which one party files and serves all of the appropriate documents on the other party, and the other party never bothers to respond. In that situation, the party that filed can, after the 90 day waiting period, enter a set of final divorce papers by default. Second, it can mean an agreed divorce. This is one in which you and your spouse agree on everything, including: division of property, division of debts, whether there will be maintenance, all of the terms of the parenting plan, all of the terms of the child support order, and the form of all of the documents. In this situation, and agreed set of initial documents gets filed with both of your signatures upon it. You wait out the 90 days, and then have an agreed set of final documents entered. Both of these are a lot faster than a regular contested divorce. They are generally cheaper, as well.
Answer Applies to: Washington
Replied: 8/15/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes there is, but the 90 day waiting period applies to all divorces.
    Answer Applies to: Connecticut
    Replied: 8/17/2011
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    The benefits of an "uncontested" divorce and cooperating with your spouse in achieving that is that normally you will pay less in attorney's fees and some costs. The other side may "waive" formal service and delays, and the divorce can go through more quickly.
    Answer Applies to: Louisiana
    Replied: 8/15/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If it is uncontested, you can save money on the cost but it would be helpful for you to hire an attorney to assist you with the necessary paperwork to be filed.
    Answer Applies to: Michigan
    Replied: 8/15/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Simply stated, an "uncontested divorce" is one where you and your husband have reached an agreement about everything that needs to be decided in connection with ending your marriage so that there will be no need to have a judge decide anything. You will need to prepare a written document that spells out all your agreements so that the court can then review it for fairness and approve it. The benefits of an uncontested divorce are that is quicker, cheaper, and usually permits you and your husband to part ways on an amicable basis.
    Answer Applies to: Colorado
    Replied: 8/15/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes there is such a thing as uncontested divorce and the number one benefit is cost and the second benefit is that it does speed things up. While there is a 60 day minimum for a divorce in Texas, few contested divorces can be done in that period of time, an uncontested however is usually over long before the 60 days and just waiting on the Judge's signature. My firm offers a flat rate turn key uncontested divorce that includes the cost of court filing fees, drafting, preparation of closing documents, and we even mediate out the remaining issues if there are only a couple things in dispute. Honestly, if you both can agree to use one lawyer, both agree on a time and date to meet with that lawyer, then you are very good candidates for an uncontested divorce.
    Answer Applies to: Texas
    Replied: 8/15/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Yes, it is called a pro se divorce - meaning no attorneys needed. The paperwork is still a lot and can be confusing. We offer a service for this and other options, such as mediation, are discussed on our website horizonslaw.com.
    Answer Applies to: Wisconsin
    Replied: 8/15/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    An uncontested divorce simply means that you are in agreement on all issues (not just getting divorced, but also who gets what debts, assets, furniture, etc., as well as all issues regarding any minor children, if applicable). And yes, Florida has uncontested divorces. If everything is truly in agreement, you could potentially be divorced within a month or so! The filing fees and everything remain the same cost, but you should be able to retain an attorney for substantially less than if you have disputed issues. If your existing or potential case is in or near the Central Florida area (Orange, Seminole, Volusia, Lake, Sumter, Marion, and nearby counties), I would be more than happy to speak with you. My office offers free initial telephone consultations, during which we can discuss your matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same. Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.
    Answer Applies to: Florida
    Replied: 8/15/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    YES. If the two spouses agree on all the terms of the dissolution then it can be much easier to resolve the case. It can also mean that the legal fees will be very reasonable. An experienced family law firm can draft a marital settlement agreement and both parties will sign it and then there will be one court hearing and the case can be over.
    Answer Applies to: California
    Replied: 8/15/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Sounds like you understand it very well. And yes we have it in Alabama
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    An uncontested divorce is where both parties agree to resolve all issues arising out of the marriage and its dissolution, including child custody, visitation, child support, an equitable division of the marital property, allocation of debts between the parties, and alimony. If you are not able to agree on how to resolve any of these issues, then the proceedings will be contested as to all or a portion of the case. The process is quick when the parties cooperate. Most attorneys will complete the paperwork, including a Settlement Agreement, then have the parties sign the agreement. Once everything has been filed with the clerk of superior court, the divorce can be taken as soon as 31 days. Generally, however, it depends on the Court's schedule or Judge's calendar as to when a final divorce judgment and decree is signed.
    Answer Applies to: Georgia
    Replied: 8/15/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    There always is a benefit to having a uncontested and(for that matter) a conflict free divorce. If the parties understand their rights and obligations and reach a settlement each party is happy with, you have a successful divorce. It takes a minimum of 6 months from the date the respondent is served the divorce papers to get your final judgment returning you to the status of single people. .
    Answer Applies to: California
    Replied: 8/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    An uncontested divorce is when an attorney prepared the documents and both parties sign. There is no court appearance. The type divorce is less costly and quicker to get.
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Yes, generally, Georgia has uncontested divorces in which it is simply alleged that the marriage is "irretrievably broken."
    Answer Applies to: Georgia
    Replied: 8/14/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Ohio DOES offfer an uncontested divorce, but what you described isn't it. Your marriage ending act would be called a dissolution. I recommend a few sessions with a licensed mediator to clarify the issues, and both parties having attorneys to make sure what you want is what you get. A good inexpensive friendly way to conclude the relationship. I like it.
    Answer Applies to: Ohio
    Replied: 8/14/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    In California, there is a process called "summary dissolution," which is fairly easy to complete (if you qualify). You can see the qualifications here: http://www.courtinfo.ca.gov/selfhelp/family/divorce/summary.htm If you do not qualify for summary dissolution, then the next best method to resolve a divorce is via mediation. In mediation, neither party needs to hire a lawyer, especially if the case is simple and the parties can reach agreements on all issues. The mediator's office can help you fill out all the paperwork and file it with the court. You can find more info about mediation here: http://www.avvo.com/legal-guides/ugc/divorce-mediation. Best of luck!
    Answer Applies to: California
    Replied: 8/14/2011
    Edward Papa, Esq.
    Edward Papa, Esq. | Edward Papa
    If you both agree and are on good terms then you can proceed uncontested and it will be faster and less expensive than a contested divorce. Some clients use a mediator and then an attorney can draw up a stipulation of settlement for you. I have had uncontested divorces filed and completed in under 60 days in such cases.
    Answer Applies to: New York
    Replied: 8/14/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    An "uncontested" divorce essentially means that the spouses are agreeing on the terms and intending to cooperate in processing the paperwork. If you reside in Maricopa County, you can find the forms and instructions for divorce at the self-service center on www.superiorcourt.maricopa.gov. I also recommend you speak with an attorney to learn more about the process and timeframes, and to make sure that you and your husband have covered all issues in your agreements.
    Answer Applies to: Arizona
    Replied: 8/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    An uncontested divorce is one where both parties agree on the divorce and ALL other issues (such as debts, property, children, etc). The big advantages are costs and speed. You can save a great deal over contested cases, and get done quickly. With a lawyer one can often skip a hearing as well.
    Answer Applies to: Georgia
    Replied: 8/14/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Yes, there is such a thing as "uncontested" divorce; this means that you and your spouse agree on all issues that must be resolved in your marriage. The upside is that it is quicker, less expensive, and allows you control over the outcome. Consult with a family law attorney regarding specifically what issues you need to deal with in a Settlement Agreement.
    Answer Applies to: Georgia
    Replied: 8/14/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Yes it would be faster and uncontested divorces move much faster if the other party cooperates and participates, we normally charge $750 and court fees to handle an uncontested divorce.
    Answer Applies to: New York
    Replied: 8/14/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    An uncontested divorce is when all parties agree to everything.It happens.Yes it facilitates things when people agree.You should save money and have less stress.
    Answer Applies to: Washington
    Replied: 8/13/2011
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    What you are referring to is a Stipulated divorce or default divorce. One of you will need to file the action and there is a mandatory 4 month waiting period before the matter can proceed. During this time you can prepare your Marital Settlement Agreement, your financial documentation and be ready to proceed with a stipulated divorce before the court after the statutory waiting period has expired.
    Answer Applies to: Wisconsin
    Replied: 8/13/2011
    Noel & Noel, PLLC | Lacey Noel
    Dear All, An uncontested divorce is really great if the parties can agree on a division of assets and debts and child issues (if any). An attorney can really speed up the process and make sure that the proper documents are filed. Let me know if you need any help.
    Answer Applies to: Washington
    Replied: 8/13/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    There is definitely such a thing as an uncontested divorce. What it is is that both spouses have a complete agreement on the divorce, i.e. how to divide property, how to arrange custody, who will pay support and how much, etc. The primary benefit is an uncontested divorce can save you a lot of money in attorney's fees and costs if you both dispute over the terms of the divorce and hire your own attorneys. If you have an agreement, you can even have just one person hire an attorney to prepare the paperwork. An uncontested divorce also allows you to avoid having to make any court appearances, and it can speed up the process in that regard. In California, you will still have to wait the six months before the divorce is final, but a contested divorce can take a year or much longer to resolve. The key to an uncontested divorce is that both spouses have to agree on everything, otherwise it is a contested matter that a Judge will have to be involved in.
    Answer Applies to: California
    Replied: 8/13/2011
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