Uncontested Divorce Legal Answers

Can my husband and I file jointly for an uncontested divorce?

Both my husband and I want a divorce and we’ve discussed and resolved most of our issues. We went to the San Antonio courthouse and were told that we needed something called a Petition for Dissolution and a consent decree if we wanted to divorce without attorneys or a judge becoming involved. The clerk would not explain to us exactly what those are – said she could not give us legal advice. Is there someplace we can get this information or an attorney we can talk to about it? Are we able to file jointly for an uncontested divorce and if we do, do we still need to appear in court?

Phoenix, AZ

Mar 15, 2021

How to get an uncontested divorce and calculate child support?

After 10 years of marriage and two kids, my wife and I are splitting up. We are still friendly and have agreed on all our marital issues except for child support and want an uncontested divorce. I make more than she does but we are going to have 50/50 custody of the kids. I’ve tried using the online child support calculator, but one of my kids has substantial medical expenses and we aren’t sure how to divide those expenses or include them in child support. Also, I pay support for another child from a prior relationship and I’m wondering if I get any credit for those payments against whatever I owe for my kids with my wife. What do I need to do to start the uncontested divorce process in LA and are we able to get one if we still aren’t sure about child support? How do we figure out the right amount of child support based on our circumstances and joint custody?

Los Angeles, CA

Mar 15, 2021

Do I need to file a response to an uncontested divorce?

My husband apparently filed for an uncontested divorce but I never received any notice of it. I did get a ‘default judgment’ in the mail, apparently because I didn’t respond to his divorce complaint. I’m not really contesting anything except we do have one joint credit card debt that he ran up. I want my name off of that account. Will the divorce automatically make that account his responsibility, or do I need to file some type of response to his divorce complaint? How can a default be entered by the court against me if my ex never gave me any notice when he filed?

San Francisco, CA

Mar 15, 2021

Can you do an uncontested divorce if spouse is uncooperative?

I’ve been married for 5 years and we have no kids. My wife moved out 6 months ago and did not tell me where she moved to. I suspect she might be living in California with her family. I live here in Raleigh, NC in a house we bought together. Other than the house in joint names, there are no other issues for us to resolve. Can I pursue an uncontested divorce if I can’t locate her to notify her, and what do I do about the joint house? I want to keep it and have been paying the mortgage but I need to get her name off the deed. She’s also on the mortgage and the bank is telling me she needs to cooperate with me refinancing it in order to get her off the title.

Raleigh, NC

Mar 15, 2021

Need a divorce agreement before filing for uncontested divorce?

My ex and I are splitting up and we agree on how to divide everything. We don’t have any kids. I don’t want to spend a lot on legal fees so I went to the courthouse in Clark County to file. The clerk told me I needed a written agreement stating what my ex and I have agreed on before I can file the uncontested divorce papers. I don’t know why we need this if we don’t dispute anything. What do I need to do to get the written agreement and what should be in it? Do my ex and I have to both sign it in front of a witness or a notary?

Las Vegas, NV

Mar 15, 2021

Will a New York judge grant an uncontested divorce for adultery?

My wife cheated on me and I want a divorce. We have not been married long and have no kids, and we have agreed on how to split up our property. I’ve been told we can get a quick, uncontested divorce as long as we both agree on everything. I agree on all issues except why we are divorcing. She wants to say its ‘irreconcilable differences’ and I want the divorce decree to say it was her adultery. I’m catholic and I want to get the marriage annulled in the church once the divorce is over, and I need to show she cheated on me to do that. Can I get an uncontested divorce if I want to pursue it based on adultery?

New York, NY

Mar 15, 2021

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