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Family Law
Family Law Services
Listed below are some of the common family law documents we prepare:
- Petition for dissolution of marriage (divorce)
- Legal separation
- Declarations of disclosure
- Marital settlement agreement (MSA)
- Modification of custody or child/spousal support orders
- Name change
- Adoption
- Declaration of domestic partnership
- Termination of domestic partnership
- Pre- and post-nuptial agreements
- Cohabitation agreement
Uncontested vs. Contested Dissolution of Marriage (Divorce)
Save a bundle on legal fees if your divorce is uncontested!
What does “uncontested”
mean?
A dissolution of marriage (divorce) is uncontested if both spouses agree
on the division of assets and debts, child custody arrangements and
payment of child or spousal support. Most divorce cases are resolved
in this manner, where the terms of property division, support and custody
are addressed in a written Marital Settlement Agreement (MSA), and no
trial is necessary. If your case is contested, please contact an attorney
or certified family law mediator to ensure your rights are protected.
There are many advantages:
- Save a bundle on legal fees
- Quick, efficient court processes, requiring minimal, if any, court
appearances (often no court appearance is necessary)
- The MSA becomes part of your judgment; you essential get to write
your own court orders
- You maintain control of your entire case
Types of Uncontested Divorces
Uncontested Dissolution of Marriage
This is the typical uncontested divorce case. One spouse, the “Petitioner”
files the Petition; the other spouse, the “Respondent” files a Response,
or an Appearance, Stipulations, and Waivers form. Both spouses must
pay a court filing fee (unless a fee waiver is granted due to financial
hardship). Both spouses must exchange financial disclosures with each
other, and both parties must sign the Marital Settlement Agreement.
All required documents can be completed very quickly, so you get your
judgment back as soon as possible.
Default Case with Written Agreement
This type of divorce is similar to the Uncontested Dissolution of Marriage,
above. However, in this type of uncontested divorce case, the Respondent
does not file any response with the court (thereby saving the Respondent’s
filing fee, which varies by jurisdiction but is typically around $400).
A Default may take a bit longer than the above type of case, because
the Petitioner must wait until at least 30 days after the Respondent
is served with the Petition before filing the Default paperwork and
submitting the final judgment packet and MSA to the court. Even though
the Respondent makes no appearance, he or she still must exchange financial
information with the Petitioner, and must sign the Marital Settlement
Agreement.
True Default Case
In a true default case, the Respondent files no documents, makes no
appearance in court, and does not sign a Marital Settlement Agreement.
The Petitioner must prove to the court that the Petition and financial
disclosures were served on the other spouse, and must file several other
forms with the court. A hearing may be necessary with this type of divorce;
but you can still proceed with the dissolution of your marriage, even
if your spouse is totally non-responsive.
Factors Common to All Uncontested Divorce Cases
- The earliest you can be legally deemed an “unmarried” person is
six months plus one day from the date the Petition was served on the
Respondent
- If your documents are processed and the court judgment entered before
that date, you may proceed with dividing assets, changing your name,
and enforcing other provisions in your MSA; however, your marital
status will not change from “married” to “unmarried” until the expiration
of six months plus one day, or another later date as determined by
both spouses or the court
- Red Sky Legal’s fees are all-inclusive; no surprises, or “up-selling”
- Court fee waiver application forms are included at no additional
charge
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