Is there any way of getting divorced without having any disputes? Well, there is, and it is known as an uncontested divorce. But to get the full procedure done without disturbing one’s peace of mind, you certainly need help from an uncontested divorce lawyer.
Not only that, s/he must be well-experienced and skilled in handling these cases. Otherwise, you and your spouse may face problems and thus may end up fighting with each other. You or your spouse surely wouldn’t want something to happen like this as both of you want to end it on a happy note.
Another specialty of this divorce is that it takes much less time to get all the legal proceedings done than a contested divorce. As a result, you don’t need to run around the courts here and then, which is even much hectic and stressful.
If not more, it is also less expensive compared to the overall expenses of a contested divorce. Want to know more? Continue reading to know further in detail.
What Is an Uncontested Divorce?
A divorce that occurs with a mutual agreement and has no complaints against each other is known as an uncontested divorce. Another name of this divorce is no-contest divorce.
The word divorce is a heavy word and comes with a lot of complications. An uncontested divorce is one kind of divorce that is less painful and is also the fastest way to end a legalized marriage.
In fact, the uncontested divorce with the child will also seem much effective and less painful as both parents agree on all the terms and conditions regarding the child. So there remains no further discussion or any fights involving the child, especially. Generally, a contested divorce can be as long as 1 year or more, depending on the case’s complications.
On the other hand, an uncontested divorce can be fully confirmed and completed within 3 to 4 months. Only if there are no further problems between you and your spouse on any issues and can you give all the needed documents within time.
The longer these things take time, the more both of you will feel stressed. And the lesser time it takes, the faster both of you can move on with your lives comfortably without facing any more obligations and complexities.
What Is The Role of A Uncontested Divorce Lawyer?
No matter how much you and your spouse agree on various terms. You will often found yourself fighting with each other, maybe even on a trivial issue. Don’t worry; it is normal to happen. Why?
Breaking a relationship, like marriage, comes with plenty of mixed emotions, especially if you have a child together. And at the end of the day, we all are normal human beings with feelings.
Furthermore, in most cases, we are not familiar with all the court’s regulations in detail. In fact, it is also tough to remember these things for a normal person except lawyers. Because the court has plenty of paperwork and conditions that you need to meet, otherwise, they will deem you as faulty.
Hence, considering all these vital issues, it is best to hire a lawyer who has experience handling uncontested divorce cases.
So the whole process becomes easy and stress-free from the start to the end of all the legal proceedings. They will stay with you from the start to the end of the legal proceedings. And whenever needed, they will make you sit down and explain all the crucial things.
So you can easily and smoothly understand all the complex legal things and make decisions based on that. Additionally, they will help you in collecting and filling the below-needed documents:
- Divorce application form
- Confirmation service
- Legal registration of the divorce scheduled form
- Divorce order papers and documents
- Draft legal papers
- Authorization of the needed affidavits.
- Divorce certificate
Why Is Uncontested Divorce Different?
Usually, the couples tend to have plenty of complaints reflected the most when they are at the peak of breaking their marriage. That’s why people who used to support and stand for each other previously are now against and fight for individual rights.
Due to various disputes, complications, and disagreements between the couples, the number of a contested divorce is so much as no one is ready to listen to anything, let alone settle and compromise.
That’s why we see divorce cases being in a hanging state in the court for at least 1 year or more. Although it may be challenging, many couples still resort to uncontested divorce to maintain their peace of mind. How? Is it even possible?
Yes. Because here, all vital and crucial decisions concerning breaking the marriage are already decided upon by couples. It is done by a mutual agreement between them. So there are no further complications between them, and all things end peacefully.
Is there no fight between the couples, there also isn’t any need for a defendant. So the single charge (pretty less compared to contested divorce) can be shared by both of you. If not more, there are few court hearings, and less paperwork is needed. So you don’t need to visit the court much.
Moreover, unlike the contested divorce, there is no 30-day appeal time once the divorce verdict is approved. Hence, there is no need for any document service. So for the following things, uncontested divorce is different.
Procedure for an Uncontested Divorce
The uncontested divorce process can be brought under the court using the below 2 methods:
It means handling the appeal for the divorce only. No other entitlements will be included in it, such as child support, spousal maintenance, assets, and property distribution, etc.
Note: Here, after the appeal is filed, a copy must be sent to your partner. In return, s/he will get up to 30 days to counter back the appeal in case s/he wants to contest and have a fight over it. In case s/he does not respond within the designated time, then automatically, this divorce will become uncontested. Thus, you can further file for a divorce order and get the divorce certificate.
Both the spouses make these appeals and agree upon a mutual agreement. So there remains no scope of any further disputes between them regarding any issues.
What are The Requirements for Uncontested Divorce?
There are several criteria that the couples need to meet for appealing an uncontested divorce. Below is a list of the requirements necessary for the procedure:
- Both of you are legally married and want to get divorced based on a mutual agreement.
- Confirm that both of you will not fight and compete with each other.
- Both of you have lived separately for at least 1 year (though you can start the legal proceedings before).
- Ensure that the child support is included (According To The Federal Child Support Guidelines) and paid properly in the agreement.
- You can remarry after 31 days have been passed since the final divorce verdict.
What are The Necessary Documents Needed for Uncontested Divorce?
Although uncontested divorce is much easier, still it needs the following documents for further processing, so make sure that you have them prepared beforehand:
- Marital certificate
- National Identification Card
- Government-issued picture
- Legal separation contract, if any
- Mail, letter, or anything that gives evidence that your spouse agrees to the divorce
- Parenting schedule consisting of the parenting time and decision-making obligation (in case you have children)
Cost for Uncontested Divorce
Generally, the uncontested divorce cost varies from lawyer to lawyer, depending on the conditions and complications of the cases. Still, it is much less and affordable compared to the contested divorce.
If you want, both of you can also share the expense (as no defendant is needed), and also, there are fewer hearings and paperwork here.
However, a lawyer’s fees may range from 1401 dollars to 1600 dollars in Western Canada. In contrast, it may cost around 1001 dollars to 1200 dollars in Eastern Canada.
When to Avoid Uncontested Divorce?
Although uncontested divorce has several benefits to offer, if your case falls under the below 3 circumstances, then it is better to avoid uncontested divorce at that time:
- Your other half has betrayed you.
- You are facing any physical or mental torture.
- You want to get a divorce, but your spouse doesn’t want to.
Any of these are severe aspects for any case. And these conditions for sure will create fights and clashes, which will make the case tougher to settle. For any such above-stated conditions, the best is to go for a contested divorce or legal separation.
To Conclude Uncontested Divorce Lawyer
While having a divorce, you find yourself in a challenging situation that will be tough to handle; if not more, the court will add your stress without any doubts.
So the best way to avoid these painful things is none other than having an uncontested divorce if only both of you agree. Otherwise, uncontested divorce is not possible if there exists any disagreement between the spouses.
But as you are unfamiliar with all the legal terms and proceedings, hire an experienced uncontested divorce lawyer. It is because s/he will make the whole process easier and faster so both of you can move on happily without facing any more struggles or fights among each other.