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Uncontested Divorce FAQ
What is an Uncontested Divorce?
An Uncontested Divorce is when both parties are in agreement with all
of the terms of the divorce, including all issues pertaining to custody,
alimony, child support and division of assets. It does not, however,
necessarily mean that both parties actually want the divorce. An uncontested
divorce can still go forward even if one party initially does not want
to get the divorce. Also, “uncontested” does not refer to
the fact that neither side is contesting the divorce. Rather, it generally
means that NO ISSUES are contested.
How long will it take to have my
divorce finalized if it is an uncontested divorce?
It depends on many factors, including, in which county the divorce will
be filed. Usually the divorce can be finalized within a couple of months
after the paperwork is filed with the court. The specific answer is
that once every document is signed and filed with the Court, the Court
may not grant the divorce for at least thirty-one (31) days.
Can one attorney represent both
parties for the Uncontested Divorce if we are in agreement with all
of the issues?
No. An attorney can only represent one party in the divorce. We always
advise both parties to hire an attorney.
If my divorce is uncontested, why
do I need an attorney to represent me if my spouse already hired an
attorney?
An attorney will be able to draft all of the paperwork and necessary
pleadings that are required by the court to be filed in any divorce
case. Your attorney will be able to ensure that your interests are protected
both at the time of your divorce as well as in the future. In addition,
if your spouse’s attorney prepared the pleadings to be filed with
the court, any attorney you retain would be able to review the language
that an attorney for your spouse may have drafted, and again ensure
that your interests are adequately protected. Of course, you are allowed
to represent yourself, but you will be required to follow all applicable
rules and the relevant law.
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