Uncontested Divorce

Divorce is a challenging enough process as it is, and it is only made more difficult when a couple cannot agree on issues of property division, debt division and more. Some couples are able to agree, either out of a genuine compliance with each other, or through a desire to have the process completed in as timely a manner as possible. Going through a divorce is something that most people want to finish as soon as possible and the longer it continues, the longer it may take for them to move on with their lives. Uncontested divorce is an option for those couples who reach agreements on their own on the issues such as child custody, child support, spousal support and any other issue related to divorce or legal separation.

Benefits when a Divorce is Uncontested

This method is typically far less stressful than a contested divorce because the power to decide is in the hands of the divorcing spouses. It is your marriage and divorce and you should be able to decide the terms of it; not the court. With an agreement between you and your spouse you are given the ability to decide terms on your own. This form of divorce is also more affordable and the quickest as there is no need for a drawn out trial to take place. However, reaching an agreement with your spouse is just the first step. Once an agreement has been reached, it is critical that the terms you have worked so hard to negotiate are accurately and completely reflected in the paperwork and that the final agreement is expertly drafted by a qualified Seattle divorce lawyer so that the process can move forward without delays or problems.

Will the court still be involved?

An uncontested divorce will generally be quicker and require less intervention from the state courts. That does not mean though that there will be no interaction from them. A divorce is done under the law and that will mean there is some authority granted to the government. While a couple can choose many terms when ending their marriage, the decision will ultimately need to be approved by the court. They may find the terms of child support, spousal support or property division unsatisfactory and have the legal authority to alter them or deny the dissolution. In order to marry another individual, a completed divorce must take place prior to a marriage moving forward.

Finalizing a Divorce in Ex Parte

The process of an uncontested divorce can follow some of the steps that take place in a contested divorce. However, it will not mandate the need to be taken to trial. A Petition for Dissolution may be signed by both parties, or a Joinder document can be filed that states both parties are in agreement. For a couple that has come to an agreement or one of the spouses is in Default, a hearing will need to take place with the Ex Parte Department after 91 days or more from the original filing of the petition. Also needed is the filing of a "Note For Motion Docket" for a Final Decree and the date will need to be set during a weekday. Various documents will need to be brought to the hearing and an attorney can help ensure you have all of these. If children are involved, documents regarding a parenting plan, order of child support and a child support worksheet should also be taken on the scheduled date.

Whether you are contemplating or are in the midst of a divorce proceeding, one of the foremost concerns in many individuals' minds is the unpredictable nature of the hourly billing system. Many people become fearful of potentially mounting fees and costs over which they feel they have no control. In uncontested divorces where you and your spouse have worked hard to resolve the issues on your own, our firm offers flat-fee arrangements which will allow you to know, up front, what the attorney fees and costs will be. Having a predictable fee structure means you have one less thing to worry about.