NO-FAULT OR UN-CONTESTED DIVORCE

NO-FAULT OR UN-CONTESTED DIVORCE

This type of divorce will proceed through the system quickly, less complicated and less of a financial burden.
In most cases, the parties do not have to go to court when getting ready to finalize the divorce. Usually you can get divorced in 2 ½ to 3 months.
In an “NO FAULT”,irreconcilable dfferances or  uncontested divorce, both partners agree on the divorce and grounds for divorce- irreconcilable differences.  They also agree on child custody, child support, child visitation and property division.  They do not require the court to divide property (assets), matters concerning children, etc.  No one is served papers in this type divorce- because you both agree upon the divorce.
The uncontested divorce requires a “cooling -off” period of 60 days. Meaning once the divorce is filed either party can change their mind and stop the divorce from going forward.
Often the attorney represents only one of the parties and the unrepresented parties acknowledges this fact and proceeds pro se or hires their own counsel.
Child support can be collected through a wage order if agreed upon by both parties in this type of divorce. This is not an automatic event, It is also important for the party that will receive the child support to understand that the attorney does not guarantee that the child support will be paid on time or at all.   Additionaly, the non- custodial party is under no obligation to visit the child(ren)the during scheduled visitation periods. As schedule is made but it cannot enforce the non custodial parent actually show up and visit .