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LSDefine

Simple English definitions for legal terms

uncontested divorce

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A quick definition of uncontested divorce:

An uncontested divorce is when a married couple agrees to end their marriage without fighting in court. This means they have already decided on how to divide their property, handle child custody, and other important issues. They can do this by writing down their agreement or by one person not responding to the divorce papers. Each state has different rules for uncontested divorces, so it's important to check the laws in your state before starting the process.

A more thorough explanation:

An uncontested divorce is a legal process where a couple agrees to end their marriage without going through a long and expensive court battle. This means that both parties are not fighting over the divorce itself or the terms of their separation.

For example, if a couple decides to get an uncontested divorce, they may agree on how to divide their property, who will have custody of their children, and how much child support or alimony will be paid. They may also agree on other issues such as visitation rights, insurance coverage, and tax obligations.

There are two ways an uncontested divorce can happen. The first is when both parties agree in writing to resolve all disputes between them. The second is when one party does not respond to the divorce papers, and the court grants the divorce automatically.

Each state has its own procedures for uncontested divorce. For example, in Georgia, a divorce can be granted any time 31 days after service or filing acknowledgement of service if both parties provide written consent to a hearing. In an unanswered (default) action, a divorce may be granted any time 46 days after service, unless the court has ordered an extension of the time to respond.

Overall, an uncontested divorce is a simpler and less stressful way to end a marriage. It can save time, money, and emotional turmoil for both parties involved.

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