If you and your spouse both want a divorce and agree to what post-divorce life will look like, then an uncontested divorce may be the most efficient, inexpensive way to end your marriage. An uncontested divorce is a dissolution of the marriage in which both parties agree on all major issues, including division of the marital property and debts, payment of attorneys’ fees, maintenance, allocation of parental responsibilities, and/or child support.
Basic Steps for Filing an Uncontested Divorce
- First, you must file a Petition for Dissolution of Marriage.
- Then, you must serve your spouse with the petition and a summons.
- Your spouse must file an appearance or retain counsel.
- Your spouse must file a response.
- While you arrange a court hearing date, you must work on your Marital Separation Agreement.
- If both parties are able to reach a settlement agreement that the judge deems fair, an uncontested divorce will be granted.
- If you and your spouse cannot agree on settlement terms, your divorce is considered contested. You can spend much more time in court and even eventually go to trial.
Need Help With Your Divorce?
Please call our office to schedule a consultation to determine if an uncontested or contested case is appropriate for you.