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Many times couples may decide to mutually end a marriage and divide the assets. This is called uncontested divorce. Uncontested divorces may be easier on a couple’s expenses as it does not require them to make many court appearances. Answered below are top questions regarding uncontested divorce that have been asked. What does one mean by uncontested divorce?
Couples who want a divorce but don’t have any hard feelings about it and want to be peaceful about it opt for uncontested divorce. Only one spouse signs the divorce papers in an uncontested divorce and the other spouse signs a waiver. There is also agreement among the couple on the division of the assets. This kind of a divorce is considered to be the fasted and least expensive of the divorce proceedings. How does one begin the process of an uncontested divorce?
In order to start the process for an uncontested divorce, one may have to first file a petition with the court. Once this is done, the spouse will be sent a summons informing him/her about the petition. If the spouse is in agreement with the petition, he/she will have to sign a waiver. In the event that no waiver is signed by the spouse and the papers are served in court, the spouse may have 20 days to respond. The spouse may have to waive the divorce process. Once the process is waived and there are no children and property involved, the couple will be granted a divorce within 10 days of filing the petition. If there are children involved, there will be a waiting period of 90 days after the divorce papers are filed. Can the wishes of the two parties of an uncontested divorce be overruled by a judge?
In most situations, a settlement that has been agreed by both the spouses may not be overruled by a judge. Though the court may have the power to overrule, it may not do so if both the parties involved are in agreement. Will the spouse’s 401K and savings be split into two in an uncontested divorce?
The part of the 401K that was earned by the person when he/she was married will be spilt in the event of an uncontested divorce. Anything that is earned before the marriage may be considered to be separate property. Can a married couple who have opted for an uncontested divorce stay together to raise a child?
Many couples may live together after opting for an uncontested divorce in order to raise their children. It is not illegal for a couple to do so. One may need help and advice at any point in their life. Speaking to friends and relatives about issues related to divorce can be embarrassing and awkward. You may ask a family lawyer if you need any help in understanding the legalities of an uncontested divorce
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