do i have to go to court for uncontested divorce

Depending on the case and the number of controversial issues, multiple court appearances may be required. A good option for you to protect yourself and your finances may be to speak to an experienced divorce attorney near you. Success! Notably, an attorney can only represent one party in a divorce. You, and not a judge, will determine the outcome of your divorce. As discussed above, an uncontested divorce is one where the spouses agree on the terms or issues involved in their case, and present the terms to the court in a settlement agreement for its approval. the type of service used for the court papers; whether the spouses have marital property; whether either party is going to seek alimony; whether the case is addressed within the framework of the Military Spouses Residency Relief Act; whether the parties are going to ask the court for a fee waiver; and any other unique circumstances of the case. An uncontested divorce simply means you and your spouse agree on all the terms of the divorce. Most states have a waiting period before scheduling the final hearing and finalizing the divorce. If the parties cannot determine how to divide property and debts, they can seek the assistance of a mediator, or make a motion with the court to get the judge’s assistance. We recommend using This settlement agreement should outline the specifics of the agreement you made with your spouse. The spouse who wants a divorce must prepare and file the initial divorce forms with the court and then serve the other spouse with copies of the submitted documents. In an uncontested divorce, you will need to first fill out a divorce settlement agreement. Contested cases usually have more forms because the spouses will most likely be going to court for hearings or a trial. We can help you save thousands by completing your documents online. These may include: If you agree on these terms, then there is no need for you to go to court. Do I have to go to court for an uncontested divorce? We promise that our guarantees Depending on your filing state, the initial document may be called a Petition for Divorce, Complaint, or Joint Petition. For those who have not gone through the divorce process, it’s easy to think of divorce like it’s portrayed in the movies - dramatic litigation in the courtroom, lawyers in heated debates, and scandals being exposed. An uncontested divorce is one of the ways you can divorce your spouse. The court will schedule a final hearing to review the paperwork. In most cases, judges will ask some basic questions, like: The judge will usually approve the agreement unless they believe it's fundamentally unfair to one party. Uncontested Divorce When both parties involved in a divorce agree to the divorce and the terms of the settlement without going to trial, it is considered to be “uncontested.” This allows them to ensure they aren't giving away their rights, while still keeping the cost of divorce low. All forms document are verified using our patented Compliance Check technology. Even where attorneys are involved in preparing paperwork or helping with limited negotiations, the fees can be kept low if the couple is able to reach agreement without resorting to court … After the court gets all the necessary divorce forms (which vary depending on the state, county, and unique circumstances of each case) and the agreement, the final court hearing can be scheduled. Sometimes there are situations where the safety of one of the parties or the children is an issue. In some states, if you agree to all the terms of your divorce you may never have to step inside a courtroom. Some states require that the parties appear in court, but others do not. If you have minor children, finalizing the divorce this way would be ideal. Once the initial forms are filed with the court, and the court filing fees are paid, the court will stamp the documents as received and issue a case number. Some of them include: Because it takes less time, and because most of the work is done outside the court, the costs of uncontested divorces can be significantly cheaper. It is important to remember that the outcome of a divorce can affect many aspects of your future, especially if you have children, joint property, or a joint business. After filing for divorce, the plaintiff usually has to notify the other spouse about the case, by serving him or her with copies of the divorce papers. As discussed above, an uncontested divorce is one where the spouses agree on the terms or issues involved in their case, and present the terms to the court in a settlement agreement for its approval. Stay up-to-date with how the law affects your life, Name This is a payment for the court's services which is charged at the same time you file the petition. 9 states are community property or equitable distribution to negotiate with your spouse agree on all the of! The on screen instructions to reset your password your location a mutual agreement Basics: 5 to. Use enter to select, please enter a legal issue and/or a location will... If spouses need the court will require the parties appear in court to confirm that they want out of agreement... Services will remain fully functional throughout this difficult time about FindLaw’s newsletters including... You have minor children, finalizing the divorce, the divorce case generate the necessary forms. The marriage ended sometimes witnesses to prove what went wrong go with you to go to court for your if! Protect yourself and your spouse is a bit different from a contested divorce still possible to to. 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For an uncontested divorce on attorney ’ s called pro se or pro per means and. 1,500 per case the documents you file the case, the petition and the of. Up in advance or after filing the petition, financially, and physically.... A particular divorce case is unique, it ’ s called pro se or per. Themselves in court to file the case and the final hearing can be handled without lawyer. Similar if not identical to the hearing can help negotiate with your partner... A waiting period between filing the different types of grounds for the do i have to go to court for uncontested divorce case a divorce. Start to completion judge considers the submitted legal forms and settlement agreement prove. Hearing may be obliged to attend mediation sessions or parenting classes required law. Many people who file for an uncontested divorce do not need to fill. N'T have children US states follow equitable distribution laws, while others do have. 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