Uncontested Divorce Attorneys
Many couples going through a divorce wish to keep things simple and non-confrontational by agreeing not to litigate the divorce and coming to an agreement before hiring a lawyer. When this occurs the role of the lawyer is to listen to what the client wants to do, advise them of any problems they may not have considered, and then put their plan into action by drafting the necessary court documents and guiding the case through the courts.
An uncontested divorce usually involves only a limited set of documents that may be needed in your case:
- Complaint: This document initiates the divorce case with the court and contains the basic facts of the case such as the parties’ names, contact information, marriage date and separation and grounds for divorce, which is usually irreconcilable differences in uncontested divorces.
- Marital Dissolution Agreement: This document is the settlement agreement between the husband and wife dividing all of their marital property, real estate, retirement planning, cars, etc. It also contains the terms of any alimony that may be needed to help a financially disadvantaged spouse. The marital dissolution agreement is a contract between the husband and wife that becomes an order of the court upon the entry of a Final Decree of Divorce.
- Final Decree of Divorce: This is the document signed by the judge that officially declares you divorced from your spouse. It binds the other documents in the case into one court order and contains other orders like restoring the maiden name of the wife, responsibility for court costs, and so on.
- Quitclaim Deed: This is document that transfers title to real property from one spouse to another and is recorded with the Register of Deeds. It does not change either party’s liability for the mortgage though. That requires refinancing.
- Permanent Parenting Plan: This document contains all of the terms regarding the care of the couple’s minor children like where they are going to live, when the other parent has visitation rights, and so on. It is a comprehensive document that also includes child support, which is calculated by a worksheet which is attached to the parenting plan.
- Qualified Domestic Relations Order: This document divides a retirement plan like a 401k and provides that a certain percentage or amount of money is divested from the account to one spouse who can either cash it out or roll it over into a new plan of their own.
- Default Judgment: An order of default judgment may be entered against a party who has been served with a divorce complaint and failed to respond to the lawsuit within 30 days of being served. This allows the Plaintiff to proceed to get a divorce without the other spouse signing the documents, but a witness is required at court for the Final Decree hearing to testify about grounds for divorce.
Uncontested divorces can generally be completed in about three months as there is a waiting period, 60 days for cases without children and 90 days for those with minor children, that must pass before a Final Decree of Divorce can be issued. Uncontested divorces require that both spouses sign all the documents voluntarily, so if your spouse won’t cooperate then you may need to serve them with divorce complaint and seek out a default judgment.
Contact the attorneys at Davis & Greene today to get more information about an uncontested divorce.