Divorce When Both Parties are in Agreement
The length of time it takes to get a divorce if both parties agree is dependent on how long it takes the divorcing couple and their lawyers to get the necessary paperwork completed and filed.
An uncontested divorce is a divorce where both parties are in agreement with getting the divorce itself, as well as are able to come to and agree on terms of the divorce, and issues that will make up the divorce judgement such as:
– Child support
– Child visitation
– Division of property, assets and debts
There are many other issues not mentioned here that may become part of a divorce agreement.
In some uncontested divorce cases, the divorcing spouses may choose to share an attorney or even to not use one at all but in many cases, even though the divorcing spouses are in agreement for many things, people choose to retain their own lawyer to ensure that their rights are being upheld and respected.
The length of time an uncontested divorce takes is dependent on all of the above as well as on how long a couple has been married and the amount of assets, property and debts they have accrued together. A marriage that is being dissolved after a few years with no children, little or no joint property, and few shared assets and debts, will likely take time less time than a marriage of a decade or a few or more, where there are minor children and/or property, assets and debts, etc. to be divided.
For some situations, it is recommended that even in an uncontested divorce, the couple seek advice from a financial planner for help with fairly dividing such things as pensions and investments.
No matter how trustworthy a soon to be ex-spouse is, it is important to make sure that they are not hiding assets and/or debts from you before you sign a divorce agreement or other legal document that may wind up compromising your rights and protections.
Divorce laws differ from state to state. Even though many states have similar laws, each state has its own unique set of laws and protocols for divorce, and some states are quite different. It is important to enlist the help of a lawyer who is licensed to help divorcing people in the state in which your divorce is taking place, or is going to take place.
Steps for Uncontested Divorces
The first step in dissolving marital bonds is the person asking for or instigating the divorce files a Summons with the court and serves this Summons to the other spouse. The spouse instigating the divorce is called the plaintiff in the legal documents and proceedings and the other spouse is called the defendant. When the defendant accepts service of the Summons, they have a certain amount of time to reply.
Once divorce papers have been signed and notarized, or the defendant has forfeited their rights by failing to respond to the Summons, the papers need to be filed with the court clerk’s office where the plaintiff resides.
The amount of time it takes from the time the papers are submitted until a divorce is final, is typically anywhere from six weeks to 12 months but the amount of time this takes can be outside of this.
Learn about uncontested divorce and other divorce related issues with Divorce Law Office LA.