An uncontested divorce is one in which both parties agree to divorce and also agree on any issues they may have. An uncontested divorce is the best kind of divorce because it is less costly and tends to be less emotional. Couples who decide to divorce amicably discuss their situation in an atmosphere of fairness and compromise.
Steps to an Uncontested Divorce:
- PRELIMINARY DISCUSSION: Couples should discuss the divorce in a calm and sensitive way. Both parties should strive to listen to each other.
- MEET WITH AN EXPERIENCED DIVORCE ATTORNEY: One or both parties should consult with an experienced divorce lawyer to understand the divorce process as well as their legal rights and options. Be advised that a lawyer cannot give legal advice to both parties as that is considered a conflict of interest. In this regard one party can consult with the attorney for legal advice and then explain the process and issues, if there are any, to the other spouse. At Legal Action Workshop, both parties can meet with the attorney if they wish. In this regard, the attorney will explain the divorce process and discuss theissues, but will not give legal advice to either party.He can also suggest options in areas in which the parties have not come to an agreement. A short marriage with no children, no property, no support or other issues is an uncontested divorce that does not require an agreement. When there are issues, they can be addressed by an agreement.
- SECONDARY DISCUSSION: When there are issues and the parties understand their legal rights as well as what is reasonable, they can discuss the issues and forge agreements as needed.This phase may involve compromise and may take a little longer depending on the issues involved.Note: When the marriage is short & there are no issues, this phase is usually not needed.
- STARTTHE DIVORCE PROCESS: The divorce process involves filing the petition, serving the spouse and preparing an agreement if needed. At the appropriate time, final paperwork is sent to the court. The divorce will be finalized approximately 6 months and 1 day from the date of service. A court appearance is usually not necessary.
The reward for an uncontested divorce is less emotional strife and less cost.Legal Action Workshop is available for an attorney consultation by phone or in our Glendale office…whichever is more convenient. Our low flat fees make an uncontested divorce easy and affordable. Call now to speak to one of our lawyers at 1.800.435.7444 or contact us here.