Exploring Social Security Cases and Outcomes

4 Questions About Getting An Uncontested Divorce

by Marie Caldwell

Are you ready to get an uncontested divorce from your spouse, but you're not sure about the best way to do it? You may be surprised that an uncontested divorce could work best for you. Here are some questions you're likely to have about the process.

When Can You Use An Uncontested Divorce

An uncontested divorce is going to work out between two spouses when they are in agreement about many things. This includes the amount of alimony that will be paid, who will be receiving primary and physical custody of their children, how much child support will be provided, and how existing property and debts will be divided. If you agree on all of these things, then there is not much that you will need to decide on during the divorce process and you can move forward with an uncontested divorce. 

Who Is Considered The Plaintiff And Defendant? 

In all divorces, there is a plaintiff and a defendant, even though you both may mutually agree on getting a divorce and all of the decisions that need to be made. However, someone must be listed as the plaintiff and defendant in the case. This is based on who files the initial divorce paperwork and who is served the papers. Thankfully, it will not matter who is the plaintiff or defendant in an uncontested divorce since there is no advantage given to either role in the divorce.

How Long Will An Uncontested Divorce Take?

The length of time that it takes to get an uncontested divorce will depend on how motivated you and your spouse are. If you are quick to get paperwork signed and move forward with the process, it can actually go quite fast once you've gotten started. However, you'll need to wait for a court date, which is completely out of your hands. It may take weeks or months to get in front of a judge to finalize an uncontested divorce, depending on how busy the local family court system is with their caseload. 

Do Uncontested Divorces Have A Waiting Period? 

It's important to look into your local state laws regarding waiting periods for an uncontested divorce. Some states require that you are a resident of the state for a specific amount of time before you can officially file. If you recently moved to your state, then this may be an issue. You should also check about your state's minimum waiting period, though it is often not questioned during uncontested divorces because both spouses are in agreement. 

Contact an uncontested divorce law firm, such as Ritter & LeClere APC Attorneys At Law, to learn more.