How long will an uncontested divorce normally take?
While every couple who enters marriage does not imagine divorce could come up on the way, there are many ranges of factors that contribute to the breaking of many marriages in the world today. On many occasions, divorce is one of the most things that exhaust someone’s emotions as well as their financial well-being. This is because they are time-consuming and take the lead to the splitting of wealth. For this reason, many couples today have worked hard to look aside from the differences that led to their separation and seek the uncontested divorce. An uncontested divorce is referred to a separation where both parties are set to agree on the marriage dissolution as well as asset dispersal.
An uncontested divorce is one of the divorces where the couple agrees on separating because they don’t have much wealth to split. The couples also agree to end their marriage together with other separation mechanisms. For this reason, they also discuss on how to conduct issues like child custody, child support, or alimony during the proceedings of the uncontested divorces. During the proceedings of the uncontested divorces, you don’t require a lawyer. However, state laws differ from one state to another. However, there are similar cases across the United States.
In the Uncontested divorce, parties come together to agree on issues that make up on the terms issued by a judge during divorce. They include:
• Marital property division
• Child support
This does not mean that each party cannot have a lawyer. For this reason, it is imperative for every lawyer to seek legal advice from a qualified attorney before agreeing to the terms of such divorce proceedings.
In the case where the pension is to be divided by the spouse, you can seek experts such as financial advisors for a consultation session before the agreement is signed. Anyone who has decided to seek the uncontested divorce proceedings must also be confident that both their spouse is not hiding any form of assets before the papers are filled.
An uncontested divorce is deemed as one of the best choices when you want to separate with your spouse. For this reason, both of them must be prepared to get their divorce papers filled without doing things to have each other hurt.
The Process of Uncontested Divorce
The first step in the proceedings of the uncontested divorce is drafting the Divorce Settlement Agreement (Marital Settlement Agreement). This is the document responsible for dividing couple assets, debt, and property between both parties. It will also work to include child support and child custody arrangements if children are involved. After agreeing to the Marital Settlement Agreement, one of these spouses needs to file the official Divorce Complaint with the state or county court. After the court files the complaint, the other space is served those papers. The non-filing spouse must respond the complaint within 35 days. If the complaint has no objections so far, you can schedule a no-contest divorce. Moreover, it should be conducted as fast as possible. A Judgment Divorce will be granted after hearing.
Time Frame for the Uncontested Divorce
Depending on the state the spouses are living, uncontested divorces are expected to last two days up to a maximum of 18 months. Nevada, South Dakota, Minnesota, and Hawaii are one of the few states that you expect the uncontested divorce to end within the shortest time possible. New York, Maryland, and North Carolina require a waiting period of up to 12 months. You also need to know that New Jersey requires a waiting period of at least 18 months from the time the divorce complaint was filed to the divorce case hearing.
Uncontested Divorces and Children
It is always imperative to seek the legal advice of an experienced lawyer if the couple has children before signing the final papers. M any states in the country always have strict laws concerning child custody and child support issues. For this reason, the laws work to protect against illegal and unfair support/custody issues. In addition to that, you require a judge or a legal court representative to sign the child support or child custody arrangement papers. This is because they will work to determine if it works to suit the best plans for the children in the state.
Once the judgment is signed, certain jurisdictions allow for a waiting of a certain period before getting married. This is the time when either people appeal or file the divorce judgment. Your lawyer would advise whether the provision is suitable for your case.