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What is Uncontested Divorce
An uncontested divorce is a type of divorce in which both parties agree to the terms of the divorce without going to court.
23:02 17 April 2023
An uncontested divorce is a type of divorce in which both parties agree to the terms of the divorce without going to court.
In this case, there is no need for expensive lawyers or court proceedings. Sometimes couples can even fill out the paperwork themselves and file for an uncontested divorce without any legal help. By avoiding costly legal fees, couples can save thousands of dollars on a cheap divorce in PA.
Uncontested divorces are becoming increasingly popular as people realize that they can get a divorce without lengthy court proceedings. With this type of divorce, you can quickly resolve your disputes and move on with your life in peace and harmony.
It is usually faster and cheaper than a contested divorce
The savings come from the fact that there are fewer court costs and legal fees, as both parties agree to all the terms of the divorce agreement. Many couples looking for a cheap divorce prefer this type of process because they know they will not have to pay court fees and attorneys' fees. You can see the exact divorce costs in the next statistic file:
An uncontested divorce is usually faster and cheaper than a contested divorce and does not require much time or expense, unlike a traditional court proceeding. Couples can quickly and easily resolve all issues related to their separation or divorce without having to appear in court or pay expensive legal fees.
Spouses must come to an agreement on all aspects of the divorce
Once this is done, they can file their papers in court and complete an uncontested divorce without having to go through a lengthy process. This makes it much easier and cheaper to dissolve a marriage, it doesn't require months or even years of litigation.
Spouses must file a joint petition for an uncontested divorce with the court
This type of divorce is usually cheaper because expensive court proceedings are not necessary. Spouses must file a joint uncontested divorce petition with the court. To get a final judgment, both parties must agree on all issues related to the divorce, such as:
- division of property;
- alimony;
- child rearing and custody.
The couple must also provide evidence that all issues have been agreed to in writing. Once the court receives the settlement petition, the documents will be reviewed. Thereafter, a final decision will be made about the dissolution of the marriage. In an uncontested divorce, there are no court hearings and protracted negotiations between attorneys, making it a much cheaper option.
The couple must attend a mandatory settlement mediation
The couple should keep in mind that any decisions made at this conference are legally binding and cannot be changed without further court approval. Once a settlement decision has been made, both parties must sign a relevant document outlining all of the agreed-upon terms.
Once the agreement is signed, it is submitted to the court along with all other necessary documents. It is then reviewed by the court, after which a final decision is made. Couples need to understand that if they do not attend this mandatory settlement conference, or if they cannot come to an agreement on certain issues, a traditional court proceeding awaits them.
Once the court approves the agreement, it becomes legally binding and enforceable by law.
The benefits of an uncontested divorce are that it saves money, time, and stress since there is no need for lengthy court battles or expensive lawyers. Because both parties have agreed to the terms of the settlement in advance, they can remain in control of their lives and decisions rather than relying on the judge's decision. Uncontested divorces also often result in less animosity between couples because they can negotiate on their terms and come to an amicable resolution.
An uncontested divorce can be finalized in as little as 30 days from the time of filing with the court.
The other spouse has a period of time to respond to the petition before any further proceedings can take place. At this stage, both parties must come to an agreement on certain issues, such as:
- property division;
- child custody and support;
- spousal support and other related issues.
More uncontested divorce issues are presented on the next infographic:
After all of these issues are settled out of court, both spouses will sign a settlement agreement, which will be submitted to the court for approval. Once approved by the court, an uncontested divorce can be finalized just 30 days after the petition is filed.
While an uncontested divorce may be faster and less expensive, both spouses must have access to legal counsel throughout the process to ensure that their rights and interests are protected. This ensures that each party is treated fairly. And all agreements made during the process will be legally binding and enforceable.
References:
- Janet Berry-Johnson. What Is An Uncontested Divorce? https://www.forbes.com/advisor/legal/divorce/uncontested-divorce/
- Divorce Process. https://onlinedivorceinpa.com/divorce-process/
- The Pros and Cons of an Uncontested Divorce. https://www.hg.org/legal-articles/the-pros-and-cons-of-an-uncontested-divorce-31239
- Instructions: Joint petition for divorce (Section 1A) court form. https://www.mass.gov/service-details/instructions-joint-petition-for-divorce-section-1a-court-form