Uncontested Divorce - Divorce Law Process Simplified

Explore lower cost and quick uncontested divorce. See how your property and custody rights remain protected while working within your state's divorce law framework.

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Fast Divorce Option With Agreeing Parties

An uncontested divorce occurs where there is no opposition from your spouse as to any issues regarding your marriage. In such a case there should be a suitable uncontested divorce form that you can use to obtain a fast divorce in a cost effective manner.

Typically, in most states, both spouses must sign the uncontested divorce form in order to indicate to the court that the divorce filing is uncontested. If you do not know where your spouse is living, it will may not be possible to obtain an uncontested divorce.

There is a risk with an uncontested divorce that there may be some latent rights, which you did not know about at the time of filing - such as your spouse's pension benefits, that you may waive by proceeding with an uncontested divorce.

The advantage of proceeding with an uncontested divorce is the speed with which an enforceable divorce can be obtained.

For eample, the divorce laws in New York State were amended to provide for a Unified Court System Uncontested Divorce Packet which contains all the forms you need to prepare and file an uncontested divorce in New York. The uniform divorce forms can be obtained online and freely copied for your use or by a third party. The uniform forms and instructions take you through the step by step process for obtaining an uncontested divorce in New York. Other divorce jurisdictions, such as California, have similar uniform divorce packets for use in an uncontested divorce.

Uncontested divorces can either be by consent of the parties where all major marital issues are resolved without resorting to the courts or by default, or where the responding spouse has elected not to appear to contest any of the issues and therefore defaults on the divorce and waives his/her right to contest any of the issues underlying the divorce.

While it is not necessary to use a divorce attorney to prepare and file an uncontested divorce, you may want to consult with an experience divorce attorney before completing your uncontested divorce to ensure that you have properly protected yourself. It is difficult to reopen any kind of divorce proceeding because of the court's reluctance to spend the time and to make the effort to re-evaluate the fairness of the uncontested divorce as filed.

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