Scientists often say that one of the biggest stresses a person can experience during their lifetime is marriage dissolution. There are two possible ways how you can dissolute a marriage, uncontested and through lawsuit divorce. The outcome is the same, the marriage will be dissolved, the only difference is how long the process will last and how expensive the process will be.
Separation from a once-loved person is never a pleasant experience, however, if the point of separation is reached and there is the consent of will or there is a possibility to achieve the consent of the will, the best option is uncontested divorce.
In this text we will try to present the most important information regarding uncontented divorce.
What is required for uncontested marriage dissolution?
First, the basic and most important presumption that needs to be achieved for uncontested marriage dissolution is there is the consent of the will.
Both spouses must agree upon the most important question arising from the marriage.
If there is a consent of will for marriage dissolution it is required that the marriage partner conclude a written agreement where the following will be included:
- Written agreement on child custody.
- Written agreement on division of joint property.
Written agreement on child custody.
So, if marriage partners have mutual minor children, they have to conclude a written agreement regarding child custody.
Bearing in mind that so far by the Family Law parents have had joint custody, now they need to agree on how will they exercise parental rights in the future.
There are two possibilities:
- Mutual child custody or
- Independent exercise of parental rights.
Mutual excercise of parental rights
If marriage partners agree that they will exercise their parental rights mutually, that implies that all parental rights and obligations they will perform mutually, with mutual agreement needs to be in the child’s best interest.
Also, they need to agree on where will be child’s residency.
Since the child’s interest is the most important, the final evaluation parents’ agreement is in the child’s best interest and will conclude the court.
If the court evaluates that the agreement that the parents have concluded is in the best interest of the child, it will include the written agreement in the court’s decision.
Independent exercise of parental rights.
Agreement on independent parental right includes:
- Agreement on entrusting one mutual child to one parent;
- Agreement on alimony that the other parent will need to pay for child support.
- Agreement on maintenance of the child’s relationship with the other parent.
It is important that the parent who is not exercising the parental right, of course still is the child’s parent. And parent has an obligation and right to financially support their child, maintain a personal relationship with the child, and in agreement and mutually with the other parent decide on an important matter that affects on child’s life.
Matters considered extremely important for the child’s life are:
- Child Education
- Major medical intervention on the child
- Change of child residency
- Disposition of child property in a great amount
Written agreement on the division of joint property
Joint property is the property that spouses acquired during marriage life.
To dissolve a marriage via an uncontested divorce, marriage partners need to agree on how they will separate their eventual joint property that is acquired during their marriage.
It is important to highlight that the agreement must be concluded in written.
How does the uncontested marriage dissolution look like?
In further text, we will try to explain how the process of marriage dissolution looks like and to answer on some of the usual questions.
How to begin with the process of uncontested marriage dissolution?
The proposal for uncontested marriage dissolution along with other necessary documentation is submitted to authorized court.
What court is authorized?
Basic court based on residency of one of marriage partners or based on last joint residency spouses have had.
How long does the process of uncontested marriage dissolution last?
Usually, right after the first court hearing, the process is concluded.
Court has a legal deadline of 15 days after submission of the proposal for marriage dissolution to schedule a court hearing. Still, bearing in mind how many subjects courts have, sometimes it takes a few months to schedule a court hearing.
However, still, uncontested marriage dissolution is by far a more efficient process than the one that is processed based on a lawsuit for divorce which usually takes years.
We hope that information we provided is useful to you. Certainly, if you decide on this step, we suggest that before the process you consult with an expert.
