FAMILY LAW - The Process of Divorce Part 1: No Fault Uncontested

People go into marriage with the hopes that it will last forever. But sometimes, it just doesn't work out. According to statistics, nearly 50% of marriages will end in divorce. Although, that number has steadily been decreasing over the past few years. Nevertheless, what is the process for those who do end up at divorce?

Well let's start with a No Fault Uncontested Divorce (1A):

Uncontested simply means both parties agree to the divorce and about everything the file. Their marriage is categorized as irretrievably broken. In this case, a Separation Agreement can be signed by both parties and submitted to the court regarding issues such as child support (if there are children involved), parenting time, alimony, child custody, and division of marital assets. It would be filed with the joint petition for divorce, joint affidavit, a Form R-408 and a certified copy of the marriage certificate. Financial statements will also need to be filed and a hearing date will be set. Both spouses MUST attend the hearing (note: A waiver can be given by court approval, prior to the hearing date). The Judge may ask questions regarding the Separation Agreement terms. If the Judge accepts, an order is entered. A judgment nisi enters automatically 30 days later and is final 90 days from entry (with one caveat). You must wait 120 days to remarry. During this time a Separation Agreement can still be amended.

So what exactly is a Separation Agreement?

First, a separation agreement does not just mean you're separated. The court knows you want a divorce. So if ti makes things easier, think of them as "divorce agreements." But in short, it's a contract. It is comprehensive in settling all matters that are before the court regarding the particular divorce (i.e. property rights, child custody, support, insurance [life, medical, dental, disability], tax provisions, parenting plan, etc.). There is no set sections or provisions, an Attorney will conform to each particular situation. The benefit of this agreement is that all issues are laid out and the costs (generally) are cheaper than litigation.

And what exactly is a Judgment Nisi?

Well nice simply means "unless." It is an intermediate judgment. So unless one of the parties appeals, it will become final and a decree absolute.

Regardless of whether or not your situation seems easy, you should consult an attorney to ensure that the process goes as smooth as it possibly can. This can sometimes be a high stress period so you want to make sure you're doing all you can adequately handle it.

Next Week: Part 2: No Fault Contested and Fault Divorces

*This blog post and its material are intended for informational purposes only. It does not confer professional advice. This post does not intend to solicit business outside of the jurisdiction in which the Law Office of T.R.Wright and its attorneys are located and/or licensed to practice. Please see an Attorney for your particular situation.*