What is an uncontested divorce?  How do we go through the agreed divorce process?  It’s a way to divorce when the spouses are in agreement to divorce and generally amicable.  The parties want to work together to get through the divorce process.

Do We Have to Agree on Everything for the Divorce to Be Uncontested?

No.  There can be some disagreements that you can work through without the divorce becoming contested.  If you’re not able to resolve the issues, mediation or other alternative dispute resolution options can be utilized to work through disputes.

What Does Uncontested Divorce Involve?

The process starts with the filing of a petition for divorce with the appropriate court.  The non-filing spouse is given a copy of the file-stamped petition and a Waiver of Service.   The waiver only waives formal service.  It should not waive any other rights the non-filing spouse has, such as the right of notice of hearings.  Once the waiver is signed, that is also filed with the Court.

From the date the petition is filed, there is a mandatory 60 day period that must pass from the date of filing before the Court can enter a divorce.  During this period, the spouses work to exchange information regarding their property and debts and work out details of conservatorship, possession, and support for any minor children they have.

As soon as the couple reaches agreements on all of the issues, an agreed divorce decree is drafted that accurately reflects the terms of the agreement.  Both spouses, and their attorneys if they have attorneys, sign the decree and file it with the Court.  A hearing is then set with the Court to “prove up” the divorce.

This is usually a short hearing where the Court receives evidence from one of the spouses that confirms the legal requirements for divorce are met, that the parties have reached acceptable agreements regarding their property and debts, and the agreements regarding conservatorship, possession, and support of any minor children comply with the law and are acceptable to the Court.  Usually, only one spouse needs to attend the prove-up hearing; both spouses are certainly entitled to attend but only one is usually needed to prove up the divorce if both have signed the decree.  If everything is proper and the Court is in agreement, the Court will grant the divorce and will usually sign the decree at the hearing.

Uncontested divorce or agreed divorce is usually the fastest and least expensive way to divorce.  It also, generally, inflicts the least amount of damage to post-divorce relationships.  Schedule your consultation online now to discuss your divorce questions.