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Family Law Research Guide: Uncontested Divorce Procedures

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If the other party and I agree on the terms of divorce, how do we proceed?

In an uncontested situation you follow all of the procedure for a dissolution of marriage. See Divorce page. However, once all the appropriate documents are filed and served, the parties can reach an agreement on the issues. If both parties are in agreement on all elements of the divorce (i.e. child custody, visitation, child support, and division of property and debt), you can reach a settlement agreement and file it with the court along with a written decree reflecting the agreed to issues. A hearing must be scheduled and the court will review your documents. If the court finds the agreement to be fair in its property disposition and maintenance provision and reasonable as to child support, custody, and visitation, when children are involved, the agreement will be accepted and incorporated into the decree and the parties will be bound by the agreement. See Family Law Resources page for forms.

 

Last revised:  22 October 2008

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