Vivian C. Rodriguez P.A.

Benefits of an Uncontested Divorce

A married couple may decide to end their marriage through an uncontested divorce for many reasons.

The benefits of an uncontested divorce include:

• ending their marriage in a friendlier manner, especially if they have children from the marriage

• reaching an agreement as to parental responsibility and time-sharing with less stress for them and for their minor children, if they have any.
  

• dividing their property and debt in a way that works better for them without litigation

• saving time because the uncontested divorce process takes less time

• saving money on attorneys’ fees

Our Flat-Fee Services for an Uncontested Divorce

We provide limited representation for uncontested divorces for a flat fee, plus court costs.

As with any divorce, we can only represent one spouse, and that is usually the spouse that contacts us.

This flat-fee service includes:

• preparation of the uncontested petition

• supplying an answer and waiver to be complete by the other spouse

• assisting with preparation of the mandatory financial affidavit, required in all cases

• preparation of the marital settlement agreement, including a parenting plan and child support guidelines if there are children from the marriage as agreed to directly between the parties
  

• preparation of the final judgment of dissolution of marriage (the divorce decree)

• formally filing the case in court

• setting the case for hearing

• preparation of the client for the divorce hearing

• appearing with the client on the day of hearing                                   

The Process of an Uncontested Divorce With Our Office

Once we have collected all the require information and related documents from you:

• we prepare the required pleadings for you and send them to you for review, this takes approximately one week from the date you hire us

• if the documents are correct, you and your spouse will sign all documents and return them to us, following all the instructions we provide you

• after we receive the documents properly signed, we formally open case in court

• we obtain a date for the final hearing before the judge assigned to your case
• we prepare and file the required notice for the hearing
• we also notify you of the hearing date and prepare you for the questions you will be asked by the judge at the hearing on the date of the hearing
• we represent you at the hearing and walk you through to the final steps

Frequently-Asked Questions About Uncontested Divorces

How long does it take to get an uncontested divorce?

In our office, an uncontested divorce can take two to three weeks from the day we receive all of your divorce documents correctly signed as per our instructions.  However, the process may take a bit longer depending on the availability of the uncontested divorce calendar of the judge assigned to your case.  It may also vary depending on our office calendar as well.

Do both spouses need to attend the hearing of divorce?

No. Only the client spouse, designated as “petitioner”, needs to attend the hearing.  The other spouse is free to attend the final hearing of divorce if he or she chooses to do so.

What can go wrong in an uncontested divorce?

Generally speaking, if the parties have decided to do their divorce as an uncontested one, there is very little that can go wrong.  However, it is impossible to provide a complete list of everything that can go wrong if either one of the parties decides that an uncontested divorce is not what they want.

What can I do to prevent delays in my uncontested divorce?

Whether with our office or through any of the self-help centers, it is important to follow the instructions provided at every step of the way.  One of the most frequent delays is due to the parties not following the instructions.

What happens if my divorce becomes a contested or litigated divorce?

The most obvious answer is that you will not be able to use the uncontested divorce process.  A litigated divorce is a very different; and also takes longer and costs more than an uncontested divorce.