When two spouses generally agree on the main aspects of their divorce, it can be beneficial to proceed with an uncontested dissolution proceeding. If both parties work together to draft an agreement, they can have more control over the outcome of their case and limit the amount of time spent in litigation.
If you are willing to cooperate with your spouse, seek help from an experienced divorce attorney. Reach out to a Hartford uncontested divorce lawyer who can guide you through the legal process and support you with negotiations outside of court.
Spouses often use mediation as a tool to arrive at an undisputed divorce. Some people begin with the mediation process, where they enlist a neutral party to assist them in drafting an agreement to resolve a divorce.
Others start with a contested divorce where both parties have their own attorneys then shift to try out-of-court mediation. If the mediation process is successful and the parties draft and sign an agreement, there is no need to continue with a contested trial. A divorce attorney can help two spouses pursue an undisputed dissolution of marriage through mediation sessions.
Arbitration is not typically used in an undisputed divorce setting. This process is similar to a contested trial, in that both parties present their arguments to an arbitrator who makes a final decision. The arbitrator’s ruling on financial issues in the divorce is binding.
However, spouses can enlist an arbitrator to make orders that they use to create a divorce agreement that they submit to the court. Those who are unsure about going through arbitration or mediation should speak to an uncontested divorce attorney about the benefits of each process.
To execute an uncontested divorce, one party files for dissolution and the other person responds. Once both spouses resolve their disputes and draft an agreement, they must submit that document to the court.
They cannot move forwards with undisputed divorce proceedings without a signed contract. When the spouses appear in court, the judge will review the agreement to ensure that it abides by principles of equity and fairness.
If there are minor children involved, the judge will also make sure the arrangement appropriately accounts for custody and child support and is in the best interest of the children. As long as the judge approves of the agreement, it can be made into a court order. Parents who submit an unenforceable child custody or support plan risk having their agreement denied, so it is best to work with an attorney who focuses on uncontested divorce cases.
Once the divorce decree has been issued by the court, both parties must comply with the court order. This might involve transferring the titles of different marital assets, such as homes and cars. If one or both parties changed their last names after getting married, they may legally request a name change after the close of the divorce.
Many of these legal processes require a certified copy of the divorce judgment. Reach out to a lawyer for help obtaining this document after an undisputed marital dissolution.
From filing for dissolution to enforcing court orders, an attorney on our team can represent you in your case. Retaining legal counsel can mitigate stress and improve your chances of achieving an enforceable divorce agreement. Contact our firm today to speak with a Hartford uncontested divorce lawyer about your situation.