Sunday, October 2, 2011

Uncontested Divorce

An uncontested divorce is a divorce case where both parties are in total agreement on all issues. This allows for the case to be finalized in one court date. A typical uncontested divorce case can be completed within four to six weeks. All required documents are prepared and sent out for signatures.

Once the documents have been returned, they are filed with the clerk of the circuit court. A court date can then be set where the proposed Judgment and attached Agreements can be submitted before a Judge for approval. Once the Judge signs the Judgment for Dissolution, the court order for divorce is official.

Uncontested Divorces are more common than many people may think. Some are surprised to learn that parties can mutually agree upon the terms of their dissolution. Not every case involves a highly contested custody battle. To the contrary, many couples often have no children, little property to divide and little joint debt.

In those cases, an uncontested divorce is the best option for both parties. It brings a quick and swift resolution to a broken relationship. It saves the parties time, money and heartache and it takes the decision making out of the hands of Judges. It effectively allows the parties to decide how to complete their divorce on their terms.

The most common ground that is alleged in an uncontested divorce is irreconcilable difference. The parties must have been living separate and apart for a period in excess of two years. However, that two year waiting period can be reduced down to six months if the parties stipulate to that fact in writing.

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