What is an Uncontested Divorce?

June 17, 2014

What is an Uncontested Divorce

Divorce cases do not always need to be contested in court.  When an amicable agreement can be reached on all issues, the parties can either arrange for an uncontested divorce or for a dissolution.  The issues that need resolution include, when applicable:

  • Child custody
  • Parenting time schedule
  • Child support
  • Property division
  • Spousal support

 

Usually an experienced Columbus divorce attorney can be of great assistance in helping the parties to understand the issues that need to be addressed and to insure that they are properly set forth in an agreed Decree of Divorce.  Both parties may choose to have their own lawyer negotiate or at least review the agreement.  They may, however, agree that only one attorney will be used in which case both must sign an Affidavit making clear that they each understand that the lawyer only represents one party and that the other party has waived their right to have their own attorney.

 Once a couple reaches an amicable agreement on all issues, they then have two choices.  They may complete their marriage with either an uncontested divorce or by a dissolution.  In an uncontested divorce, they must agree that there are grounds for the divorce but only one of them need be present in court for the final hearing.  When one party is living some distance away, this can be very helpful.  In a dissolution, the agreement is set forth in a Separation Agreement which is filed with the court with a Petition for Dissolution.  Both parties must be present for the dissolution hearing and testify that they signed the agreement voluntarily, that they believe that the terms are fair, and that they wish for their marriage to be dissolved upon the terms of their agreement.

If you would like to schedule an initial consultation with the Columbus, Ohio divorce attorneys at Edward F. Whipps & Associates, you may call today at (614) 398-4182 or toll free at (877) 367-6544.

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