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What Is a Uncontested Divorce? - Call (703) 967-3315 or visit https://fishersandlerlaw.com to schedule your FREE consultation.
When a couple divorces, there are usually a host of decisions that need to be made. These may relate to issues including asset and debt division, spousal support/alimony, child support, custody and visitation, and other matters. If a couple is able to come to an agreement about all the major issues before trial, that is called an uncontested divorce.
Do you and your spouse agree on how to resolve all of your divorce-related issues? If so, you can pursue an uncontested divorce, which is often the simplest kind.
What Is an Uncontested Divorce?
In an uncontested divorce, you and your spouse reach an agreement about all of the issues in your divorce, including:
1. How you will share custody, parenting time, and parenting responsibilities
2. Amount and duration of any child support
3. Amount and duration of any spousal support (alimony)
4. Division of all property, and
5. Division of all debt.
Once you’ve reached these agreements, you don’t have to go into court and argue. Instead, you file court forms and a “divorce settlement agreement” that details the agreements you’ve made about how you want to divide your property and debts, what your custody arrangements for your children will be, and whether support payments will change hands.
Your settlement, and your final divorce, will have to be approved by a judge, which shouldn’t be a problem. The judge will usually approve a settlement agreement unless it’s clear that the terms are completely unfair to one person or were arranged when one person was under duress. As soon as the required time period (set by state law) has elapsed, the divorce will be final.
Not every uncontested divorce is the same, and not every uncontested divorce runs smoothly. The process is simplest when a couple has no minor children and few assets, including no real property—such as homes or rental properties. It also works best if each spouse is self-supporting or clearly capable of easily becoming self-supporting. Some states have simplified procedures available for couples in this type of situation. Such procedures are strictly limited however, and are available only for marriages that were relatively brief, generally five years or less.
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In most US states, the difference between a contested divorce and an uncontested divorce is that in a contested divorce, one or both parties disagree about the terms of the divorce – whether about if the divorce itself should happen, division of assets, allocation of debts, alimony, child support or custody of children.
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Bankruptcy Alternatives - A Legitimate Way to Eliminate Unsecured Debts by 50%These days everyone is looking for bankruptcy alternatives. The reason is simply that bankruptcy is not the right solution for solving financial problems. As a matter of fact, it only adds to the existing problems instead of resolving them. Finding the right bankruptcy alternatives that suit you is therefore important for you to get out of a tight debt situation in a legitimate manner.
Bankruptcy As it Relates to Foreclosure and Short Sales and Tax ConsequencesWhat happens when my house goes into foreclosure, or I short sale my home, and then the IRS sends me a 1099 at the end of the year? This is a common question that is asked of attorney's and accountants often. The IRS has given us a way to get around this common problem. Read this article for more information!
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