How and When to File Uncontested Divorce Forms
By: Sharon Peppers | Posted: 12th April 2010
The explanation is simple. An uncontested divorce is one where both spouses have mutually agreed on their issues or when one spouse chooses not to reply to Petition for Divorce.
Most of the divorce applications in USA are not contested either because spouses have arrived at an understanding or because they want to avoid hassles of legal procedures. Considering this, the courts have made it easier for married couples by allowing them to file uncontested divorce forms for getting a divorce without a lawyer.
Divorces of this type are possible when the issues are not complex and the parties involved are cooperative. In a vast majority of cases it's as easy as filing uncontested divorce forms, which are readily available through your lawyer or look for a good online divorce service that provides them for a small fee.
Another form of divorce is a collaborative divorce. This is when the parties involved are unable to agree on all issues by themselves and seek the help of a third party. This may be an attorney or a professional/ social worker trained in mediation and collaborative divorce process. The mediator provides full information regarding your rights and how the court is likely to assess the case. Like any other negotiated settlement this too may involve a little bit of give and take but the final decision of acceptance lies with you. Uncontested divorce forms can be filed after a negotiated settlement has been arrived at and agreed upon by both parties.
Collaborative divorce process is substantially less expensive than a regular divorce but you should know that documents and information exchanged during the process can be used later during legal proceedings if the collaborative divorce procedure fails. Moreover, collaborative divorce proceedings do not have a set time limit for completion of the process.
Regardless of the fact that you have filed a Petition for Divorce through a lawyer or opted for a pro se (without a lawyer), you and your spouse have to appear before a judge because all divorces must have the stamp of approval of a court. Even though it has been filed through the route of uncontested divorce forms, the court will apply its mind to see whether the settlement is equitable or not.
All efforts should be made to save your marriage but at times it may be impossible to save a marriage. It really does not make sense to suffer and try to work through a strained relationship. Trying to remain in an unhappy marriage can sometimes be more traumatic than going through the divorce proceedings, especially when the children are being exposed to daily quarrels.
Divorce can be very traumatic for the children but you can choose to finish it quickly and in a civil manner. Try to arrive at a settlement amicably regarding property, child custody and support and file uncontested divorce forms to quickly get on with your life.About the Author
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Tags: third party, little bit, mediator, hassles, time limit, final decision, married couples, getting a divorce, mediation, divorce proceedings, divorces, legal proceedings, collaborative divorce, divorce procedure