Preparing For An Uncontested Divorce
Uncontested divorces, in which both parties agree on the terms of their divorce, tend to be resolved much more quickly and with less expense than contested divorces. With an uncontested divorce, however, a couple must have worked out a property division agreement, come to a resolution on alimony, and if the parties share children, devised a custody arrangement and child support agreement. This can be a big undertaking. Fortunately, there are a few steps that couples can take to help prepare them for an uncontested divorce. To learn more, consider reaching out to a Fort Lauderdale uncontested divorce lawyer for help.
Reaching an Agreement
Couples who file for uncontested divorce must come to an agreement on issues like property division and alimony. This agreement must, in turn, be reduced to writing and signed by both parties before it can be presented to the courts. Couples who only have an oral agreement, but don’t yet have a written agreement can still appear for a final hearing, at which point, they can propose the suggested settlement. If the court accepts it, a judge will incorporate the arrangement into the final agreement. Having an agreement in writing can, however, help eliminate the need for additional hearings and give both parties a clearer picture of their post-divorce finances and custody arrangements.
Filing a Petition
The divorce process begins when someone files a Petition of Dissolution of Marriage with the court. With uncontested divorces, this is usually a relatively straightforward process, where both parties need only detail how they have agreed to resolve divorce-related issues. Once filed, this petition will need to be served on the other spouse, which can be achieved through assistance from a sheriff or a private process server. Even this step can be bypassed, however, if the other spouse signs and files an Acceptance and Waiver of Service of Process.
Creating a Parenting Plan
Uncontested divorces typically don’t require a lot of time in court. If a couple shares children, however, they will need to fill out a parenting plan and present it to the court. Often, a judge will hold a hearing to ensure that the agreement is in the child’s best interests. If the agreement is deemed not to be in a child’s best interests, the judge has the option of rejecting it.
The uncontested divorce process tends to be resolved relatively quickly. There is still, however, a waiting period, so even after a couple gets everything properly filed and approved, they will need to wait 20 days before a judge will provide a final judgment, granting the divorce.
Set Up a Free Consultation Today
Divorce doesn’t have to be a lengthy and expensive process. It may still be emotionally draining, but an uncontested divorce will generally make the process go more smoothly. For help navigating this process, don’t hesitate to reach out to dedicated Fort Lauderdale uncontested divorce lawyer Sandra Bonfiglio, P.A. You can set up a free consultation today by calling our office at 954-945-7591, or by completing one of our online contact forms.