Every year, thousands of couples make the life-altering decision to pursue divorce. For many, this decision represents the start of a new and exciting chapter of life. In the same way that every family is unique, every divorce is also unique. Some involve heated disputes and lengthy court proceedings, while others happen peacefully, based on mutual agreements and calm negotiation.
For couples that wish to end their marriage peacefully and amicably, the uncontested divorce process may be ideal. At Zukowsky Law Firm, our experienced family law attorneys work closely with Ohio couples to pursue the process of uncontested divorce. Through our representation, our uncontested divorce attorneys have been able to successfully assist numerous individuals negotiate major issues associated with the end of their marriage, advocating for their interests at every step of the way
Uncontested divorce refers to the legal process used to end a marriage via peaceful negotiation rather than a lengthy court battle. A common misconception is that divorce must always be complicated and tumultuous. However, this is not always the case, and couples have the option to utilize uncontested divorce if they are able to peacefully reach agreements regarding the terms of their separation.
In many cases, couples mutually agree to utilize the uncontested divorce process to end their marriage. It is also important to note that the uncontested divorce process may occur when one spouse fails to respond to divorce filing. According to Ohio Civ. R. Rule 12, if a spouse does not respond to the divorce complaint within 28 days, the divorce may proceed uncontested.
For many people, uncontested divorce is the preferred option to end a marriage, largely due to time and cost considerations. This process allows a couple to have full control over the terms of their divorce, allowing them to proceed through the dissolution of marriage as quickly and smoothly as possible.
While both uncontested divorce and dissolution of marriage are used in situations where the couple does not need to dispute issues in court, there are differences between these two legal processes.
If one person is at fault for the ending of the marriage, the divorce process must be utilized, even if uncontested. If neither individual is at fault, and the marriage is ending due to incompatibility or separation, the dissolution of marriage process can be used. Moreover, there are different requirements that must be met to obtain an uncontested divorce vs. a dissolution of marriage.
A knowledgeable uncontested divorce attorney at Zukowsky Law Firm can take the time to provide greater detail on which process may be more beneficial based on your circumstances.
Couples who wish to file for uncontested divorce must meet state and county resident requirements and ensure that all necessary paperwork is filed according to Ohio state law. To file for uncontested divorce in Ohio, certain requirements must be met. These requirements include:
Once it has been established that the relevant requirements have been met, the next step of an uncontested divorce typically entails gathering personal and financial paperwork. This paperwork typically includes documents such as bank statements, estate planning documents, tax returns, and information regarding child-related expenses. As this paperwork will become necessary as you begin negotiations with your spouse, it can be helpful to compile these documents ahead of time.
The court will look to see a fair and equitable division of assets and property. For this reason, it will be necessary to file a settlement agreement and a financial affidavit to disclose the terms of the divorce. These final documents will be reviewed by the Ohio court and discussed at your final hearing – a necessary step of the uncontested divorce process.
At this final hearing, the judge will assess your settlement agreement to ensure that the division of assets and property is fair and that you and your spouse have reached sound agreements regarding custody and support, among other issues. A divorce is not final until a Judgment Entry for Divorce is filed by the court. This judgment is typically filed soon after the judge approves your divorce.
Typically, uncontested divorce proceeds more quickly than the traditional contested divorce process. Whereas a traditional divorce may take several months or even years to complete, an uncontested divorce generally takes between 45 to 90 days. The uncontested divorce process takes a shorter amount of time because the court does not need to interfere and resolve issues related to the terms of the divorce.
Although you can pursue an uncontested divorce without legal representation, hiring an attorney to assist with navigating the process can help ensure that you understand all of your legal options. At Zukowsky Law Firm, our dedicated family law attorneys work closely with our clients to complete relevant paperwork, compile all necessary financial documentation, and develop a comprehensive settlement agreement that ensures court approval. Ultimately, seeking assistance from an experienced attorney can help avoid the common pitfalls that often arise during the process and ensure that your uncontested divorce proceeds quickly and efficiently.
Pursuing a divorce is a significant decision that impacts nearly all facets of a person’s life. Restructuring your personal matters and financial affairs after the end of a marriage is a complicated process, even when utilizing uncontested divorce. For this reason, many people seek assistance from experienced uncontested divorce attorneys to facilitate the process, help with negotiations, and ensure that the divorce proceeds according to Ohio law.
To learn more about how we can help, consider contacting our Cleveland office at (216) 800-5529 today.
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