For many people, divorce is a phrase that invokes images of strife, disagreement, and hardship. However, the reality is that many couples who choose to end their marriage do so in a peaceful and simplified manner. This is possible through something known as an uncontested divorce.
An uncontested divorce—commonly referred to as an agreed divorce—saves both spouses the time, money, and heartache that can come with divorce litigation. With the careful guidance of a compassionate divorce attorney, it may be possible to dissolve a marriage free from hardship. Let a Hamilton County uncontested divorce lawyer advise you on your options.
Under state law, an uncontested divorce is one where the parties agree on significant issues. Often, a couple will initiate an uncontested divorce after working out these details before filing. An experienced attorney in Hamilton County could assist a couple in resolving their agreed separation, dealing with concerns from child custody issues to debt division in a way that works for both sides.
A major benefit of uncontested divorce is that the proceedings are often much shorter than contested separations. While it is possible to resolve a divorce in less time, some limits still apply. These cases take at least 60 days from the point of filing to be finalized with the court.
Notably, an agreed divorce can only continue if both sides are on the same page. That means each spouse must be committed to ending the relationship. If one spouse is unsure or refuses to sign off on the final decree, the court will not proceed with an uncontested divorce. While that does not mean divorce is out of the question, it does mean the couple will have to be heard during the contested process.
As is the case with any divorce, there are requirements that parties must meet to qualify for an uncontested divorce. According to state law, either one of the spouses must have lived within the state for a minimum of six months before filing the petition.
Because of the streamlined nature of these divorce proceedings, not everyone will qualify. This is simply because some issues inevitably require additional consideration from the court, and an agreed divorce is not an option when these factors are present. Also, if the spouses have a minor, disabled, or child still in high school, an uncontested divorce is not an option. The same is true if a spouse is pregnant.
There are also limits regarding the assets and financial interests owned jointly by the couple. An uncontested divorce is not an option if the couple owns any land or real estate together. The same is true if they both own a business together.
Spouses must understand these requirements before they file for an agreed divorce. An experienced lawyer in Hamilton County could advise a couple on whether they qualify and provide options for them if an agreed divorce is not possible.
An uncontested divorce has the potential to bring a peaceful end to a marriage without the need for costly litigation. This option might not be for everyone, but an agreed divorce is a best-case scenario for many.
You do not have to undertake the divorce process alone. Contact a Hamilton County uncontested divorce lawyer today to learn more. Our experienced team is standing by.