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Uncontested Divorces

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

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An "uncontested" divorce is basically one in which the parties agree on all of the issues. These issues include but are not limited to:

  • Child Custody and Visitation
  • Child Support
  • Spousal Support
  • Property Division
  • Debt Division
  • Payment of Attorney Fees and Costs

If the parties agree on these and all others issues between them, the procedure is to draft an agreement and have it signed and notarized. Then the divorce papers are filed with the Court and served by mail (the receiving party signs to acknowledge service). The party served with the papers does not respond within the time for response (30 days after service) and his/her default is entered. A Judgment containing the language of the agreement signed by the parties is then submitted to the Court for the Court's approval. The entire process takes about six months.

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