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How an Uncontested Case Works

 

When you and your spouse can agree to everything in advance, that makes everything easier. And the divorce can be completed much faster. We call it an uncontested divorce. Keep in mind, you and your spouse must agree to everything, and we mean EVERYTHING, for the case to be uncontested. Here is what happens in uncontested divorce cases:

  1. Speak to your spouse and make sure you agree. The most important part of an uncontested case is that you and your spouse agree on all of the issues. You may not know how to turn that agreement into a divorce, and that’s okay. That part is our job. We can put everything in the proper legal format, file the case, and go to court with you to ensure everything is taken care of property. Or if you are on a tight budget, we can prepare all of the papers and let you go to court on your own. Either way, the first step is to make sure you and your spouse are on the same page when it comes to all of the issues: division of marital assets and debts, alimony, retirement funds, timesharing with the kids, parental responsibility, and so on.
  2. Schedule your divorce consultation. After you and your spouse agree on the big issues, contact us to schedule your divorce consultation with Board Certified divorce attorney Charles D. Radeline. We can only have one spouse come to the divorce consultation. We cannot meet with both spouses simultaneously. The reason is there may be a conflict of interest if you both do not agree on everything, so for now it will just be you and us. We can explain this in depth during your consultation.
  3. After retaining us, you sit back and relax. After you hire us for your uncontested divorce, Mr. Radeline will prepare all of the necessary court papers, and will assist you in completing required items such as the financial affidavit. Mr. Radeline will painstakingly draft a settlement agreement that protects your interests and makes sure that every issue is addressed, including some things you never even realized were issues until we brought them up. Our job is to make sure things are as thorough as can be, so that once this case is over, it is truly over and without any surprises in your future. Then, if you have children, we will compute the child support guidelines. We will file everything in the proper court and ensure it is done quickly, efficiently, and correctly. Since you spouse is agreeing to everything, we can even skip having them served with the papers.
  4. You come to court one time, and we get it done. After we file all of the court papers, we will secure you a court date. The time does vary from judge to judge, but we can typically secure a court date within 3 to 6 weeks after filing your case. When the court date arrives, all we need from you is for you to join Mr. Radeline in court and have your driver’s license available. Mr. Radeline handles everything, and we will make sure you know exactly what to expect. We will be right there with you in court, and Mr. Radeline will be the one conducting the hearing. At the end of the hearing, the judge will sign the divorce final judgment that Mr. Radeline prepared.

FAQ On Uncontested Divorce

 

 

What is an uncontested divorce?

An uncontested divorce is one where both spouses agree to all of the issues in the case. This means you both agree to what will happen to your property and other assets, what will happen with your debts, and whether or not there will be alimony. If you have children, it means you will both also agree to the timesharing arrangement for the children.

 

What does uncontested mean?

It means both spouses are in agreement with how everything will be handled in the divorce.

 

Is an uncontested divorce cheaper?

The court charges the same filing fee for a divorce whether it is contested or uncontested. However, if your case is uncontested, you will not have to have the divorce papers served on your spouse, and that will save anywhere from $35 to $65. Also, our attorney’s fees for an uncontested case are invariably than for a contested case. The reason is because there is less work involved to resolve the case than if it were contested.

 

How to have an uncontested divorce?

To have an uncontested divorce, you and your spouse must agree to all of the important issues in the case. This means you both agree to what will happen to your property and other assets, what will happen with your debts, and whether or not there will be alimony. If you have children, it means you will both also agree to the timesharing arrangement for the children.

 

What if my spouse will not agree to everything?

If your spouse will not agree, then your case will not be uncontested. You can do one of two things: either talk to your spouse and try to get them to agree, or continue with the case as a contested case. If your spouse comes around and changes their mind and wants to be agreeable, then we can short-circuit the contested case and get it wrapped up quickly and for far less costs than if they continue to be disagreeable. Basically, we can convert your contested case to an uncontested case if you and your spouse can reach an agreement after the consented case begins.

 

I want an amicable divorce.

If you and your spouse are on friendly terms, then hopefully you can agree as to how you want to handle your affairs in the divorce. If that’s the case, we can handle your case as an uncontested divorce.

 

Can I get child support in an uncontested divorce?

Yes. Child support cannot be waived by either parent since it is for the benefit of the child. Uncontested cases include preparation of the appropriate child support guidelines. We can discuss this process with you in more detail during your divorce consultation.

 

How to file an uncontested divorce?

Filing the divorce is done in the courthouse for the county in which the marital residence is located. Don’t worry about those details… we take care of all of that for you. If you are looking to handle your divorce on your own without a lawyer, we strongly urge you to consider our services instead. Our office sees a number of cases every year where people come to us trying to fix a divorce they handled themselves without an attorney– and many times there is nothing we can do to help them. It’s important your case is done correctly the first time. Or, if that is a stretch for your budget, our Budget Stretcher Divorce Service where Mr. Radeline personally prepares all of your divorce papers to ensure they are all drafted thoroughly and correctly. “Fill in the blank” divorce forms are only as good as what you write in the blanks. You will almost certainly not know everything that should be addressed. As an example, our shortest settlement agreement is usually at least 12 or 13 pages long. Fill in the blank forms leave you about five blank lines on the fill in the blank forms for your settlement terms, and they are simply inadequate.

 

How to fill out uncontested divorce forms.

You should consider an attorney for your uncontested divorce. If you are uncertain as to how to fill out the forms, how will you handle problems when they arise in the courtroom? “Fill in the blank” divorce forms are only as good as what you write in the blanks. You will almost certainly not know everything that should be addressed. As an example, our shortest settlement agreement is usually at least 12 or 13 pages long. Fill in the blank forms leave you about five blank lines on the fill in the blank forms for your settlement terms, and they are simply inadequate. If you can’t afford to hire Mr. Radeline for an uncontested divorce, then at least consider our Budget Stretcher Legal Service. You will have the peace of mind of having a Board Certified divorce attorney prepare custom documents for your specific case.

 

How to file for uncontested divorce without a lawyer?

If you have zero assets, zero debts, no alimony, no children, no house, no retirement, and no problem with either having to go back to court multiple times to correct problems or no problem with your then ex-spouse possibly taking you back to court because some issue was “forgotten” and left out of the agreement, then you could consider doing it yourself. But seriously, you should have an experienced divorce attorney help you. We understand cost is a concern. That is why we have several options available to you. They range from our Budget Stretcher Legal Service where we prepare all of your paperwork and you go to court by yourself to full representation for an uncontested divorce. Mr. Radeline can anticipate problems before they arise and will be with you every step of the way to make the process smooth and headache-free.

 

What is the least expensive way to get divorced?

The least expensive way to get divorced with Mr. Radeline’s assistance is our Budget Stretcher Legal Service. While we strongly recommend in-court representation, the Budget Stretcher Legal Service will allow you to have all of your divorce documents custom-drafted by Mr. Radeline according to the exact circumstances of your case. He will give you an in-depth consultation, and custom prepare all of your divorce documents, including what you will need to take to court with you. He will even tell you what you need to do to get your case finalized in court.

 

Is it OK if my spouse and I agree on a Child Support Amount? Will this be accepted by the Courts?

Child support amounts are set by state law. The amount of child support will vary based on your income, your ex’s income, the number of children, how the timesharing is split, the costs of health insurance and who pays it, the costs of before/after school care and who pays it, and the costs of ongoing non-covered medical/dental/ocular/prescription costs, and who pays them.

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