Do I have to go through the court for an uncontested divorce?

Since divorce is a legal process to end a marriage, you will have to go through the court so the uncontested divorce can be finalized. Typically, what happens in an uncontested divorce the legal documents are filed with the local divorce court. Then the divorce judgment is sent to the spouses after the divorce has been finalized or signed by a divorce judge. However, depending on the court, the judge may request either an informal or formal hearing. For instance, at an informal hearing the divorce judge may ask you questions about your uncontested divorce.

An uncontested divorce is different from a fault divorce where one spouses petitions the court to end the marriage. With an uncontested divorce, both spouses have worked on a martial settlement without the aid of a divorce court judge. This means that the spouses have agreed on how to divide martial property such as homes and cars. Also, the spouses have agreed on any spousal support. If the spouses have children, they’ve also worked out any child custody issues. For instance, they may decide to share joint physical and legal custody.

Generally, spouses can work on their divorce alone or with the aid of a third party such as an arbitrator, mediator or lawyer. However, it’s best to seek legal advice from a divorce lawyer before signing any legal documents to make sure that there are no future legal ramifications such as unpaid spousal debts.