A common question that individuals wanting to end their marriage could ask their lawyer is, “What is the time period until my uncontested divorce is finalized?”
Uncontested Divorce
Uncontested divorces are just that, uncontested. Both parties have come to agree about the issues concerning the conditions of the divorce judgment. These can comprise of:
- Child(ren) Support
- Child(ren) Custody
- Allocation of Marital Property
- Visitation Rights
It’s essential for each individual to find adequate legal advice ahead of agreeing to the provisions in the divorce. This does not mean that each party doesn’t have representation.
In divorces in whereby there are spousal pensions to be allocated, other specialists, for example, a financial planner, may be consulted ahead of signing any agreement. One party pursuing an uncontested divorce should also be assured that the other party is not stashing assets in their case before filing the documents.
Getting an uncontested divorce is only a good idea when each party agrees that they wish to get divorced and each of them is willing to center on getting the papers filed without doing things simply to upset each other.
How Long Will My Uncontested Divorce Take?
If the proper steps are taken, and completed in the correct order, uncontested divorces shouldn’t take long at all.
Steps it Takes in Getting Your Uncontested Divorce
The initial step in getting the uncontested divorce is for the party wanting the divorce file a Summons with the court. The Summons is required to be served on the other party, who is named the defendant.
If the defendant receives service of the Summons and signs the Affidavit, the papers are filed within the court instantly. The defendant is given 20 days to give a response, and if they don’t, the plaintiff is able to file the divorce papers in the court.
The defendant is also able to sign the papers before a notary public indicating that they aren’t going to contest the divorce. In this situation, the plaintiff also signs the papers in front of the notary, and they can be filed with the court.
Filing the Divorce Papers with the Court
Once the divorce papers are signed and have been notarized or the time frame for the defendant to give their response has run out, the following step in the divorce process is to file the papers through the office of the court clerk in the county in which the plaintiff lives.
When the papers have been filed inside the court, the question of, “How long does an uncontested divorce take?” is entirely out of the divorcing spouse’s control. The time period it takes to get the divorce finalized by a judge allowing and then signing the judgment might take some time from six weeks up to twelve months.
The county court clerk’s office in which you’re filing for divorce or your lawyer might be able to answer your question of how long uncontested divorces take to be finalized. The best they can probably do is give you an estimated time.
After the divorce judgment was signed by a judge, there might be a waiting period in which neither divorced spouses may re-marry in certain districts. At this point is in which where party can file an appeal for the judgment. Your lawyer would be able to counsel if this stipulation applies in your situation.
Source:
- Redmond, Jodee. “How Long Does an Uncontested Divorce Take?” LoveToKnow, LoveToKnow Corp, divorce.lovetoknow.com/how-long-does-uncontested-divorce-take.
Speak with our Divorce Attorney in Phoenix & Scottsdale, AZ
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