Divorce does not have to be a long or bitter ordeal. Couples who put their emotions aside to work for mutual benefit can seek an uncontested divorce. Contested divorces are quicker, less expensive, and less stressful than contested ones.
Contact a Fairfield uncontested divorce lawyer to determine whether this process is viable for you. An experienced divorce attorney can explain the requirements for an uncontested divorce and offer guidance and support.
An uncontested divorce simply means a couple has resolved the issues they must settle without a court’s intervention. An uncontested divorce is possible whenever a couple agrees that their marriage should end, and have memorialized their understanding in a comprehensive divorce agreement that becomes incorporated into the judgment of dissolution.
There are multiple issues a couple must decide on before a court can issue a divorce decree. These include child custody and support arrangements, marital property and debt division, and alimony. When a couple agrees in writing to resolve all these issues, a court can issue an uncontested divorce.
Connecticut General Statutes § 46b-44a allows some people to pursue a simplified form of uncontested divorce called a non-adversarial divorce. A couple who has been married for less than nine years, has no children together, and owns no real estate could potentially qualify for a non-adversarial divorce. There are other eligibility requirements that a couple should discuss with a Fairfield attorney before filing for a non-adversarial divorce.
Most couples will not qualify for a non-adversarial divorce. Couples with children and whose marital property includes real estate or defined pension plans, or whose property is valued at more than $80,000, must seek an uncontested divorce.
The couple must divide their marital property equitably and decide whether one spouse will receive alimony, also called spousal support. If applicable, a couple may carry out the provisions of an existing prenuptial or postnuptial agreement. Absent such a document, the spouses will have to negotiate and decide these issues. It is wise to have the guidance of a lawyer in Fairfield when deciding on property division.
The couple must also create a parental responsibility plan that describes which parent will have primary physical custody or whether the parents will share physical custody. The plan must also allocate decision-making responsibility between the parents. If the parents intend to share decision-making authority, the plan must contain a dispute resolution mechanism.
When a couple pursues an uncontested divorce, they maintain input and control over decisions rendered in their divorce judgment. However, a divorce is not legal and effective until a judge approves the couple’s agreements and incorporates them into a divorce decree.
The judge will review the property division agreement to ensure it is fair and equitable under all the circumstances. A judge might question a decidedly one-sided agreement. When a couple has children, a judge must review the parental responsibility plan and ensure it supports the children’s best interests. The court can reject any parenting plan that does not meet this standard.
A Fairfield attorney can review a couple’s written agreements before submitting them to the court to approve the uncontested divorce. The legal professional can identify any red flags, errors, or omissions that might create concern for a judge.
You have many decisions to make when you decide to divorce. Considering an uncontested divorce is a wise move that can speed-up the process, save you money, and keep the proceeding reasonably amicable.
Uncontested divorce will not work for everyone, but it is worth finding out whether it could work for you. Contact one of our Fairfield uncontested divorce lawyers today to learn more.
N/a
