An uncontested divorce hearing is what it sounds like: an agreement between the two parties that they should get divorced. If both sides agree to a divorce, then there will be no need for a trial or contested hearings of any sort.
The court grants them what’s called “divorce by consent” and issues the appropriate paperwork to finalize the divorce.
Preparing for an uncontested divorce hearing
While it is advisable to be prepared for what might come up during a contested divorce hearing, but an uncontested divorce can often happen without any preparation. Whether you initiated the divorce process or your spouse is initiating the proceedings, then it’s important to know what paperwork will need to be filed with the court in order for them to get what they’re entitled to.
Contact a Tacoma Divorce Attorney to learn more about what paperwork needs to be filed and what the court procedure will entail.
Attending an uncontested divorce hearing
Can the spouse who is divorcing attend an uncontested divorce hearing? The person initiating a contested or what’s called “contested” divorce can request that their soon-to-be ex be present at the court proceedings. If what they’re asking for is unreasonable, then it might not happen.
In cases where there are no kids, what’s called “child support” or custody issues in play, then it’s likely that the spouse who is divorcing will be present.
What happens after the final decree of dissolution is signed by both parties and filed with the court clerk’s office?
If what you’re after is what happens after the final decree of dissolution is signed by both parties, then it’s important to know that this will be something different for each case. It depends on what happened in court and what was agreed up in advance.
The court orders what’s called “divorce by consent” and the paperwork is finalized. The spouse who initiated the divorce will get what they’re entitled to as far as
- Property division
- Spousal support
- Child custody, or parenting plan
If both parties agreed beforehand on what would happen with their children then this can be a lot easier, but if not then this can be what’s called a “contested divorce.”
Once the final decree is signed and filed, the divorce will be finalized. The two people who are divorcing will no longer be married to each other. They’ll need to live separately in order for property settlements or what’s called “equitable distribution” of assets that they own together (like a home) to be resolved. The court will also need to hear what’s called “child custody” and what’s called “custody of children.”
Contact a Tacoma Divorce Attorney today to have an experienced attorney walk you through your case and advise you of your legal rights.