An uncontested divorce is when two people have been able to reach a complete settlement of all issues related to the termination of their marriage without court intervention. The role of the attorney in an uncontested divorce is to provide legal advice to the client and to draft the divorce paperwork.
Perhaps the most important part of using a divorce attorney for an uncontested divorce is that they can provide information about options you may not have considered. Our divorce attorneys have extensive experience with document drafting, and with the necessary items that need to be included for court approval. Having the help of a seasoned family law attorney can insure that your divorce paperwork is drawn up correctly, and will create some degree of certainty that you have not missed any crucial items.
An uncontested divorce begins with the client coming in for an initial one to two hour meeting with the attorney. At this meeting you will discuss all of the major topics in a divorce: decision-making (custody), parenting plan, child support, spousal support, and asset and debt division. There are dozens of subtopics that fall within these major topics that will be discussed as well. You will also have an opportunity to ask the attorney any questions you may have about the divorce process, as well as request consultation from the attorney about unique issues specific to your divorce.
After all information is gathered, the attorney will draft all divorce paperwork and provide it to the client for review. Typically the first draft of all divorce paperwork can be provided within one week of the first meeting. The client will review the divorce documents and then send any required changes to the divorce attorney, who will make the changes and email the documents back. Once the divorce documents are complete, you will discuss the best way to deliver the documents to your spouse. Your spouse may either sign the documents or may request some changes. If changes are requested then you and the attorney will spend time discussing whether to agree to the changes.
The documents will be submitted to the court once both parties have signed off on them. It typically takes 2-3 weeks for the court to review and sign the divorce judgment. You are divorced the day the judge signs the judgment.