Union County Uncontested Divorce Lawyer
There are two options in every divorce case—pursuing contested or uncontested proceedings. Contested divorces occur any time divorcing spouses cannot reach an agreement on financial support, division of property, and parental responsibilities and must seek court intervention. When both sides are able to reach an agreement on these issues, they can choose to pursue an uncontested divorce.
While uncontested divorces have many benefits, not every couple is able to get on the same page. A skilled divorce attorney can advocate on your behalf during uncontested negotiations with your ex-partner to reach a fair agreement. Before you assume contested divorce is your only option, you could benefit from speaking with a Union County uncontested divorce lawyer.
Who Qualifies for Uncontested Divorce?
Not everyone will qualify for an uncontested divorce. First and foremost, both parties must meet the minimum requirements for a divorce in general, and at least one of the spouses must meet residency requirements. In Union County, this requirement is that one spouse must have lived in the area for at least one year before filing for divorce, though this does not have to be the spouse filing the complaint for divorce.
Additionally, to file for an uncontested divorce, both spouses must agree on all the major issues regarding their separation and divorce. Any disagreement on any issue—from alimony to child support—may require going through the contested divorce process instead.
Uncontested divorce offers the benefit of often costing less in terms of time and money, but it is not an option for everyone, especially those who are unlikely to come to a mutual agreement. A Union County uncontested divorce attorney can offer more insight into whether filing for an uncontested divorce is the right choice after reviewing the details of a specific family law case.
The Uncontested Divorce Process
The process of going through an uncontested divorce is similar to any other divorce case. The important difference is that an uncontested divorce avoids many of the conflicts and delays that can come with contested proceedings. In an uncontested divorce, the spouses hold off on filing for divorce in court so they can work to come to voluntarily agreement set forth in a signed marital settlement agreement.
Anyone can initiate a divorce by filing a complaint for divorce with the appropriate court. At this time, the petitioning spouse can notify the court that the proceedings will be uncontested by providing a signed marital settlement agreement. Even though the non-filing spouse is not contesting the divorce, the law still requires this person to file an appearance form and pay a filing fee. This form confirms the divorce is uncontested, although the non-filing spouse may still need to appear at the final divorce hearing depending on the papers filed.
Before the divorce is finalized, both parties must submit a signed marital settlement agreement to the judge. For an uncontested divorce to move forward, this agreement must address every issue in the divorce, including alimony, child support, distribution of marital property, and child custody.
Uncontested Divorces Involving Children
Even when both sides agree on all major issues in the marital settlement agreement, the judge overseeing the case must see and confirm the agreement before it is finalized. This requirement is particularly notable in divorce cases involving agreements on the custody or financial support of minor children. A judge must ensure any agreement is in the child’s best interests, which means they can choose to reject an uncontested divorce settlement. This, however, is very rare. A Union County attorney can ensure spouses create an uncontested divorce agreement the judge will confirm.
Call a Union County Uncontested Divorce Attorney Right Away
When you are facing the dissolution of your marriage, you have the right to hire legal counsel to protect your interests. A legal professional can negotiate on your behalf to secure an uncontested divorce agreement that suits your needs and provides security as you transition to the next stage of your life. Call a Union County uncontested divorce lawyer today to learn more.