Divorces are a stressful experience for the couple and their children or loved ones. When couples seeking a divorce have an agreement about how to distribute marital assets and other issues that arise in divorces, they may not want to enter a lengthy legal battle. An uncontested divorce is a great option for couples who want to dissolve their marriage amicably and efficiently.
When you are considering filing an uncontested divorce, consult a divorce attorney about the process. This legal route allows you and your spouse to avoid the time and expense of litigation, while retaining more control over how your marital estate is distributed. Contact our office to schedule a free and confidential consultation with a Lincoln County uncontested divorce lawyer.
What is an Uncontested Divorce?
When a couple agrees on the terms of their marital settlement agreement, they can opt for an uncontested divorce. Filing for an uncontested divorce can save couples time and money as it is a much faster and more affordable way to dissolve a marriage than alternative routes. In any divorce, couples will have to decide how to deal with issues involving their marital property and children. Before filing for an uncontested divorce, spouses should consider how to deal with the following issues:
When couples cannot agree on these issues, the case could go to trial. Not only is this more expensive, but it also means the judge determines how the disputed issue will be resolved. Couples may need to present evidence, witnesses, and legal arguments to resolve contested issues. That is why it is advisable for couples seeking a divorce to attempt to resolve their marital disputes before filing for divorce. A Lincoln County attorney experienced in uncontested divorce cases could help alleviate the stress of the process.
Process of Filing an Uncontested Divorce
There are procedural requirements to consider when filing an uncontested divorce. At least one of the parties must have lived in this state for a minimum of 60 days and the couple must specify the grounds or legal reason for their separation. In uncontested divorces, couples file under a no-fault theory, although the state does recognize fault-based grounds.
The spouse filing for divorce should work with an attorney to prepare and file the necessary paperwork. Once the documents are filed, the other spouse will need to be formally served. It is important to provide legal notice to the non-filing spouse, even if they are already aware of the divorce proceedings. Without proper notice, the divorce can be invalid.
An uncontested divorce attorney will assist with preparing for the hearing in Lincoln County. Even when spouses agree in uncontested divorces, there is a 60-day waiting period from the filing date to when the court can enter the final divorce decree. At the hearing, the judge will review the paperwork and settlement agreement. If everything is in order the divorce will be finalized.
Consult a Lincoln County Uncontested Divorce Attorney
If you are considering filing an uncontested divorce, be sure to consult an attorney. A Lincoln County uncontested divorce lawyer understands how stressful and emotional the divorce process can be and could help you resolve your case efficiently. Couples who agree regarding the terms of their divorce can save time and money by filing an uncontested case. Call today to schedule a consultation with one of our hard-working family attorneys to guide you through the process.