Can you have an uncontested divorce with a child - featured image

Can you have an uncontested divorce with a child?

Last updated on September 30th, 2022 at 09:00 am

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If both parties can come to an agreement on all of the key problems, couples with little children or significant assets will typically be able to move on with an uncontested separation.

You need to come to an agreement regarding the following issues:

  • how you will divide up parental duties, family time, and custody
  • the sum of any child maintenance due and its duration
  • the distribution of all assets and debts, as well as the quantity and length of any spousal maintenance (alimony).

Even if there are only a few small issues that divide a couple, they may still be able to evade a disputed divorce by working through the issues until they are all resolved.

They might be capable of negotiating freely if they can communicate effectively.

Couples can consider mediation to assist them to settle their disputes if this is not practical.

They can also use lawyers to arbitrate, but doing so will raise their fees.

Uncontested Divorce Without Child Support

If child benefit and maintenance is not established, the family courts will not issue an uncontested divorce.

Children who are still minors must be supported by both spouses until they attain maturity or are liberated.

Even if one parent has full custody, the other parent is still responsible for contributing to support payments.

Generally, only the non-custodial parent pays child support when one parent has sole physical possession.

This is so that the judge can assume that the primary caregiver already pays for the children’s everyday requirements. This includes their health and education.

Do I Have To Go To Court For Uncontested Divorce?

You need to reach an agreement point before you go forward with your uncontested divorce. You need to agree to the following:

  • how you will divide up the duties, obligations, and parenting time
  • the quantity and length of any child support
  • the split of all assets and debts
  • the quantity and period of any spousal maintenance (alimony), and other issues.

After you’ve come to these arrangements, you’re not required to dispute in court.

Instead, you submit paperwork to the court along with a “divorce settlement agreement” that outlines the decisions you’ve made.

This is regarding how to split your assets and debts, how you’ll share custody of your kids, and if child support and payments will be exchanged.

A court will have to authorize your divorce proceedings, but that shouldn’t be an issue.

This may change if it is obvious that the conditions are extremely unfair to one side or were negotiated when one party was under pressure.

In such cases, the judge will typically allow a settlement agreement.

The divorce will be considered final as soon as the necessary amount of time (determined by state law) has passed.

How Long Does An Uncontested Divorce Take?

The quickest response to this query is that it is based on how long it ends up taking for all divorce-related procedures to be concluded.

The party seeking a divorce must submit a Summons to the court as the first stage in the divorce process.

The other partner, who is referred to as the defendant, must also receive service of the summons.

The court documents are filed with the court right away if the defendant acknowledges serving of the summons and signs an affidavit.

In the event that the defendant does not respond within the allotted 20 days, the plaintiff may petition the court for a divorce.

The defendant may also prefer to sign the divorce petition in front of a licensed professional to declare that they are not being challenged.

In that instance, the plaintiff also signs the documents, which are then submitted to the court.

The next stage in the procedure is to submit the divorce papers to the court clerk’s office.

This is done in the jurisdiction where the plaintiff resides once they have been signed and authenticated or after the defendant’s response deadline has passed.

It could take anything from six weeks to 12 months to complete the divorce by having the court accept and sign the judgment.

In some states, there could be a waiting time after the divorce decree has been signed during which none of the parties can get married again.

Both parties have the option to appeal the divorce ruling at this point.

Whether or not this clause applies in your situation will depend on your lawyer’s advice.

Texas Uncontested Divorce With Child

Uncontested divorce with minor children in Texas is not a thing. Couples can get a type of Agreed Divorce.

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In the event that you and your husband do not reside in the same county, you may apply for divorce in either location.

Your spouse or you must possess:

  • lived in Texas for at least 6 months before submitting your divorce petition, and
  • you must have spent at least 90 days in the county before you intend to file in your petition.

The same citizenship rules also apply to military personnel and their partners, even though they may only be deployed there temporarily and are not considered residents in the traditional sense.

These residency rules are also applicable to children.

In order for the Texas courts to have authority over initial custody and contact orders, one of the following conditions must be met by the kids:

  • lived in Texas for at least the past six months, or from birth,
  • or that Texas is the kid’s native state, and
  • that the kid has only ever been away from Texas for less than six months on the date the formal complaint is filed.

As there are several court forms for various family circumstances, make sure you utilize the appropriate set of forms when requesting a divorce.

How Much Is An Uncontested Divorce In Texas?

Based on whether attorneys are engaged, the typical price of an uncontested divorce in Texas varies between $300 and $5,000.

On average, it is the most affordable and efficient choice offered in every state.

You won’t need to employ a lawyer because you are already in complete agreement, which significantly lowers the expense of an uncontested divorce in Texas.

Either you can do the papers by yourself or you may receive online assistance.

The excellent thing is that you might be able to ask for an exemption if money is limited.

A Statement of Inability to Afford Payment of Court Costs form is what you use to ask the court to eliminate case registration costs.

Uncontested Divorce With Child In Oklahoma

You must establish grounds for divorce in order to obtain a divorce. Incongruence is the most prevalent theme.

If at least one of you is willing to admit that you two cannot get along, you can contest for divorce. You and your partner being mismatched will help you get divorce.

Infidelity and one-year desertion are two additional frequent causes.

Even if the kids were born prior to your wedding, the court will determine who is granted custody of any kids you and your partner have.

In the event that you are unable to agree on custody, the court will convene a trial and determine what is in the best interests of the children.

Some judges will order you to participate in mediation, where an unbiased third party tries to facilitate your agreement.

Couples will occasionally agree to joint custody, which implies they will jointly make all significant decisions that impact the children.

Uncontested Divorce With Minor Child In GA

The Superior Court Clerk in the jurisdiction where you or your partner have resided for at least six months is where you should file for divorce.

You must first file a complaint for divorce, also known as a petition for divorce, outlining the reasons why you are divorcing and the problems you want the court to decide.

In uncontested divorces, the conditions of the separation, such as custody of children, the financial settlement, or alimony, are agreed upon by both spouses.

The specific paperwork needed will vary depending on the county where you file. You should probably file the following documents:

  • a statement confirming the veracity of all the data you supply
  • a letter notifying your partner of the divorce proceedings
  • a complete assessment of your joint finances and assets
  • Forms that determine the appropriate child support payment, this is done if you have children.
  • a statement honoring your partner’s service
  • A signed settlement agreement and a signed parenting plan agreement
  • a signed agreement requesting that the divorce be granted as quickly as feasible following 31 days of service
  • Forms for general administration

FAQ Related To Can You Have an Uncontested Divorce With a Child:

Can You Do An Uncontested Divorce With a Child In NY?

You must satisfy the eligibility requirements and have a “ground”—a valid reason for the divorce—before you may petition for divorce in New York State.

It’s possible that you won’t be able to obtain a divorce in New York State if you don’t match these standards.

Before you file for divorce, the Family Court can assist you with matters of parentage, visitation, and child benefit if you have kids under the age of 21.

How Long Does a Divorce Take In NY With Child?

Uncontested divorces can be settled in as little as six weeks in some cases, but they can also take six months or longer.

In New York, there is no waiting period, thus it typically takes 3 months for the divorce paperwork to be submitted with the court.

Can You File For Uncontested Divorce With Children In Texas?

With kids, an uncontested divorce in Texas is not a possibility.

Even if you negotiate an out-of-court agreement and compromise on everything, the law still views you as adversaries when young children are involved.

The “agreed divorce” process is your best option.

You must use no-fault divorce grounds, such as:

  • Mismatch
  • Insupportability
  • Unbridgeable differences
  • Unrecoverable marital dissolution

Additionally, you and your ex-partner must be in agreement on all pertinent matters, such as:

  • child maintenance and guardianship
  • support for a spouse or payments
  • The non-custodial partner’s visitation rights;
  • the split of possessions, debts, and other items accumulated during the marriage; etc.

Can You Get Divorce In Florida Without Going to Court?

The simple answer is no in all situations, with the exception of the typical uncontested dissolution.

Your divorce hearing will need your presence in court.

At least one partner must show up in court in every Florida divorce proceeding, and most of the time both partners must be available.

You might not need to enter a courtroom, though, based on whether your separation is disputed or uncontested.

It also depends on whether your circumstance calls for a regular uncontested dissolution of your relationship.

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