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Things To Learn About Getting An Uncontested Divorce

Estimated reading time: 6 mins

If you are living in an unhappy and painful marriage, you can terminate it. But you don’t have to make a mess about your legal separation. You can part your ways in a dignified and peaceful direction by uncontested divorce. When both of the partners decide to end their marriage on mutual terms, they go for the uncontested divorce. In a peaceful separation, couples decide to settle their separation terms, out of the court in a peaceful way. The uncontested divorces save the partners from going through the sour legal proceedings. Because uncontested divorces do not involve any mediation from the court, you have to sort out some issues beforehand.

Physical Custody of kids

Children are the most beautiful blessing for a couple in a marital bond, but they add some extra responsibility to the parents. In case of an uncontested divorce, both of the partners devise a formula to accommodate custody of children. Grown-up kids do not pose complexity to the uncontested separation process. However, minor children can make the process of uncontested divorce little complex. For an uncontested divorce, spouses have to devise an agreement about the physical custody of the kids. Unity of thought is the basis of uncontested divorce. You and your partner have to develop mutual consent about the future of your kids.

  1. Either father or mother, who will acquire the legal permission to hold the physical custody of the children?
  2. Where will the children get accommodation after the legal separation of parents?
  3. What will be the rules regarding the visit of the other non-custodian parent to meet his children?
  4. What will be a share of a non-custodian parent in financial and personal chores of the kids?

You and your partner must make peace about the terms of custody of your kids before filing for the uncontested divorce.

Spousal Support

One of the partners takes the responsibility to compensate alimony to the financially less stable partner. Why one of the partners has to pay his hard earned money as spousal support? Some times in a marriage, one of the partners has to quit on his ambitions. This compromise often leads to less financial stability for one of the spouses. Spousal support is a token of acknowledgment for the compromised career and goals. For a mutually agreed separation, both of the partners must choose the method to calculate spousal support. If you are heading for a no-fault divorce with consent, you should formulate your agreement about spousal support. According to LegalZoom, you can consider these points while documenting clauses of spousal support.

  • What will be the formula to decide the allowance of spousal support?
  • How long will one of the spouses have to pay the spousal support?
  • Will any financial or personal turn around increase or decrease the sum of spousal support?

The decision about the spousal support should be harmonious.

Division of Property and Assets

In the case of divorce, couples can only claim for the division of their joint properties and assets. None of the partners can claim the division of personal assets of the other. Court only considers the properties and assets materialized before the marital bond. If you are ending your marital relationship through mutual consent. You have to formulate a peaceful agreement with your spouse. In a civil divorce, both the partners have the leverage to devise their division plan.

Complete your initial plan regarding the child custody, spousal support, and division of joint assets. Then you could proceed to research for a fast and an easy way for separation.

Why A No-Fault Uncontested Divorce?

In a no-fault divorce, partners end their relationship on a good note. None of the spouses plays the blame game to have an exit from the marriage. The legal separation process is quite expensive. But a no-fault divorce paves a way to fast and cheap legal proceedings for separation. First of all, you should have a look at the procedure of no-fault divorce in your country. In the case of mutual consent, the core issues related to the termination of marriage are already agreed. If there’s no dispute in parting ways the court grants separation quickly.

Do I Need A Lawyer Or Attorney For A No-fault Uncontested Divorce?

According to Completecase.com, you are not legally obliged to hire an attorney to look after your separation. Because both of you have expressed a mutual consent in the court, you can handle legal proceedings with no attorney. But it will be a wiser choice to consult an attorney to review your joint separation draft. There are many constitutional clauses which are baffling for a common man. An attorney can analyze the divorce documents unbiased. Both of the spouses have to make separate hirings of the attorney. A single attorney can’t serve both parties. There’s no legal pressure on the separating couple to seek legal advice. But it will be a good move to avoid any adverse consequences in the future. You can follow these steps to file a divorce petition without involving any lawyer.

Legal Criteria for a No-fault Divorce in Your Country

Every country or state has a customized legal definition for a no-fault divorce. If you have given up on your marital relationship, there’s no need to be remorseful about it. You can launch a petition in your relevant court for separation from your spouse. Every court follows a slightly different process to honor your request for termination of the marriage. You are bound to act on the legal orders of your relevant court. Some courts order the couples to spend a rehabilitation period before filing for the separation. The court hopes that it will allow reconciliation to the parting couple. Relationship rehabilitation period could last from 3 months to one year legally in your country.

Where To Get The Divorce Papers

There are many legal agencies which offer help to get you through the legal formalities. But, you can also download divorce papers from a lot of e-resources. Most of the judicial courts have ready to download divorce documents. For instance, you can download the divorce documents from the website of your local court. You can also visit legal support centers to know about the proceedings of divorce. Online divorce papers are an excellent way to escape hefty fees of legal consultants.

File The Petition

Both of the spouses must initiate divorce proceedings through agreement. Filing for a separation request needs to be addressed correctly. Fill the divorce deed and submit the petition to the court. Because it is a mutual decision to dissolve the marriage, you have to attach these details.

  • Contact Information (both spouses)
  • Detail evaluation of finances and assets and their division plan
  • An agreement for the physical custody of the kids
  • A detailed draft of the spousal support agreement

Submit your signed petition and fee to the clerk. He will allow a number to your divorce application. The divorce deed needs to be communicated to your spouse. Because you have chosen a no-fault uncontested divorce option, you can deliver it by yourself. The courts have the legal procedure to send the divorce papers. You can ask the court to permit you to send it by yourself or through a private server.

Hearings in the Court

The judge will assign you a hearing date. During these hearings, the honorable judge will review your separation request. He will investigate from both of the spouses to make sure there’s no disagreement among you. If everything about your legal separation goes well, the judge will announce the final Judgement. Bring your divorce decree to the administrative office to get the final divorce certificates.

Final Word

All the disputes in the world can settle down by mutual consent and patience. You can choose to have a legal battle with your spouse. But this isn’t going to bring any positive change in your life. A divorce through friendly consent is an inexpensive, cheap, and fast way to move on in your life.

 

About the author /


Simon is a creative and passionate business leader dedicated to having fun in the pursuit of high performance and personal development. He is co-founder of Applied Change, a Business Change consultancy based in the UK. Simon is also an Ambassador for Gloucestershire business. Simon is an Associate Member of the Chartered Institute of Professional Development.

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