QUESTION
Would a divorce take place with just an uncontested divorce document when we take it to court?
Asked on Oct 17th, 2012 on Divorce - Florida
More details to this question:
We have agreed to write up an uncontested divorce agreement and we will get it signed and notarized.
13 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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What you are talking about is a dissolution. You have to file a petition for dissolution and attach your agreement to it. If you have children, you have to put the agreements about them in the plan or file a shared parenting plan concerning them. The domestic relations court in the county where you live can provide you with a list of all the documents you need to file.
Answered on Oct 22nd, 2012 at 10:13 PM
In response to your inquiry, yes two people can agree to write up an Agreement to obtain an uncontested divorce (something the Court's actually like), and when all the final documents are issued and the judge enters the Decree of Divorce, the parties will have dissolved the bonds of marriage in divorce.
Answered on Oct 19th, 2012 at 9:35 PM
Family Attorney serving Seattle, WA
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The Law Office of Kate M. Forrest, PLLC
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Washington requires the use of standard forms, you can't write your own. Follow the instructions in this packet carefully: http://washingtonlawhelp.org/documents/1475313241EN.pdf?stateabbrev=/WA/, or hire an attorney. (If everything is truly uncontested, it wouldn't take long for an experienced attorney to draw up the paperwork, so it likely wouldn't be too expensive.)
Answered on Oct 19th, 2012 at 9:26 PM
If you two want to do an uncontested divorce, I suggest you both go to see a paralegal who will help you write up all of the appropriate documents for one. What you are suggesting will not be sufficient for the court to grant a judgment.
Answered on Oct 19th, 2012 at 6:13 PM
Michael Paul Vollandt
Yes if all of your paperwork is correct and complete. Several different forms are necessary show I suggest you have a professional family law person check all of your paperwork to see nothing is missing or incorrect.
Answered on Oct 19th, 2012 at 6:08 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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"Uncontested" means that there is an agreement between the parties and, therefore, nothing for a judge to decide except to approve the Agreement. Depending on exactly what that agreement says, a judge will almost always approve it. The exception is where it appears to the judge that one party is not voluntarily or knowingly agreeing to something.
Answered on Oct 19th, 2012 at 3:45 PM
Leonard A. Kaanta
You have to prepare a judgment incorporating the agreement.
Answered on Oct 19th, 2012 at 12:51 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You have to file a divorce petition in court 60 days before the divorce can be made final.
Answered on Oct 19th, 2012 at 11:53 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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I would suggest if you both agree as to the terms of the divorce, that you instead consider a dissolution. Please see an attorney to make sure your document would be accepted by the court.
Answered on Oct 18th, 2012 at 9:21 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You have to file all the right paperwork to get a divorce whether it is uncontested or not.
Answered on Oct 18th, 2012 at 9:20 PM
Steven D. Dunnings
Yes, if it complies with the requirements imposed by state law.
Answered on Oct 18th, 2012 at 9:11 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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A number of other documents are needed, like a petition, and an answer and waiver. There may be many more required as well, depending upon your factual circumstances.
Answered on Oct 18th, 2012 at 9:07 PM
A divorce can take place with a Mediated Settlement Agreement in addition to the Court required other forms. Mediation is a fast, effective and affordable way to get divorced. I suggest you look into it.
Answered on Oct 18th, 2012 at 8:53 PM