3 Steps And Guidelines To Follow When Filing An Uncontested Divorce

It is possible to separate from your spouse without creating a massive contest out of it or dragging one another through complicated court processes. An uncontested divorce is where you and your partner sit and decide on all the terms and conditions of your separation without involving the divorce court. If you have not heard about the uncontested divorce process, here are some steps and guidelines to help you create the ideal experience. 

Get the Requirements Ready

Start by finding out what you need to have to start the process. In most states that allow uncontested divorce, the document you need to submit is an affidavit. The state will have terms and conditions you must meet to submit it. For instance, there could be a requirement about the time you have lived in the state or country. They might also request evidence that you and your spouse agree that you cannot repair the relationship. The terms and conditions of getting the decree upon affidavit might become complicated if you have little children. Most states might require that you have a signed parenting plan covering all the areas of taking care of your child. 

Serve the Spouse with the Papers

The second step in the process should be serving your spouse. You can do it after you have prepared all the needed legal documents. How you serve your spouse depends on how you prepare the paperwork. If you created the petition as co-petitioners, you might not have to give your spouse the papers. On the other hand, if you drafted the paperwork alone, you have to serve them. Additionally, you might have to sign the separation agreement and the parenting plan if you have children. The agreement includes details on maintenance, dividing your marital property, and sharing any debts you incurred during the marriage. 

Get the Decree by Affidavit

The court will review the documents and determine whether they represent everyone's best interests. They are specifically keen on the parenting agreement for the children. Once they have ascertained everything is in place, they will rule that you have met the uncontested divorce requirements. You will not have to go to the courtroom to finalize the divorce.

These steps are less confusing to follow when you have the help of a competent lawyer. Speak to a trusted and reliable family law attorney to help you with the process. They will guide you to avoid common pitfalls. For more information, contact a law firm such as Mobile Divorce Law Firm.


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