FAQ: The Uncontested Divorce
Uncontested divorce means you and your spouse have settled all of your differences before filing the divorce petition. This procedure allows you and your spouse to part ways in a more friendly manner than if we let a judge decide all the issues. Judges may not decide to divide things the way you and your spouse may like.
I cannot represent both of you. I want to make it clear that only the person hiring me is represented by me. I see my job as having two parts. To tell you if the agreement is better than what you would get in court and to prepare the documents for filing with the court.
An uncontested divorce allows you and your spouse to avoid the time and stress of appearing in court. One of the documents we prepare at the start of a case is called a Waiver of Final Hearing. That means both sides agree that there is no need for a hearing because all issues have bene agreed to by you and your spouse.
A document called a Property Settlement Agreement contains your agreement with your spouse. We prepare that and file it with your Petition for Dissolution of Marriage. Another document prepared for you is a Waiver of Summons. We do this so that your spouse does not need to have a summons served on them. The Decree will approve the Property Settlement Agreement and include the terms of the Agreement into your Decree. Essentially, your Property Settlement Agreement becomes your Decree of Dissolution of Marriage.
We file the Petition for Dissolution of Marriage, Waiver of Summons, Waiver of Final Hearing, and Property Settlement Agreement all at the same time. Sixty days after filing the Petition, I take a Decree of Dissolution to the court for signing by the judge. This ends the case.
It is possible for you and your spouse to do these things on your own. The Indiana Supreme Court has the forms for an uncontested divorce online. What I provide is a relief from the stress of making certain that you have complied with all of the rules and statutes and an objective review of your agreement.
I cannot represent both of you. I want to make it clear that only the person hiring me is represented by me. I see my job as having two parts. To tell you if the agreement is better than what you would get in court and to prepare the documents for filing with the court.
An uncontested divorce allows you and your spouse to avoid the time and stress of appearing in court. One of the documents we prepare at the start of a case is called a Waiver of Final Hearing. That means both sides agree that there is no need for a hearing because all issues have bene agreed to by you and your spouse.
A document called a Property Settlement Agreement contains your agreement with your spouse. We prepare that and file it with your Petition for Dissolution of Marriage. Another document prepared for you is a Waiver of Summons. We do this so that your spouse does not need to have a summons served on them. The Decree will approve the Property Settlement Agreement and include the terms of the Agreement into your Decree. Essentially, your Property Settlement Agreement becomes your Decree of Dissolution of Marriage.
We file the Petition for Dissolution of Marriage, Waiver of Summons, Waiver of Final Hearing, and Property Settlement Agreement all at the same time. Sixty days after filing the Petition, I take a Decree of Dissolution to the court for signing by the judge. This ends the case.
It is possible for you and your spouse to do these things on your own. The Indiana Supreme Court has the forms for an uncontested divorce online. What I provide is a relief from the stress of making certain that you have complied with all of the rules and statutes and an objective review of your agreement.