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 involving spousal pensions, it’s advisable to consult specialists like financial planners before agreeing to any terms. Additionally, when pursuing an uncontested divorce, one should ensure that the other party is not hiding assets before filing the documents. Opting for an uncontested divorce is only advisable when both parties genuinely agree to the divorce and are willing to focus on filing the papers without intentionally causing distress to 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
To initiate an uncontested divorce, the party seeking it must file a Summons with the court, serving it to the other party, named the defendant. If the defendant receives and signs the Affidavit, the papers are promptly filed in court. The defendant has a 20-day window to respond, and if they don’t, the plaintiff can file the divorce papers in court.
Filing the Divorce Papers with the Court
After signing, notarizing, or the defendant’s response time lapses, actively file the divorce papers with the court clerk. The finalization timeframe varies, typically six weeks to twelve months. For an estimated duration, actively inquire with the county court clerk or your lawyer. After a judge actively signs the divorce judgment, a waiting period may actively restrict remarriage, and an appeal can actively be filed. Actively consult your lawyer to determine if this actively 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.
