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Facts About No-Fault or Uncontested Divorce

 

What is a no fault or uncontested divorce?

While divorce can be complex, especially where there are many disagreements between the spouses, an uncontested divorce is usually fairly simple. An uncontested divorce also known more commonly as the no fault divorce is where neither party is at fault for the breakdown of the marriage. It simply states that there are "irreconcilable differences" between the two parties and they wish to terminate the marriage based on this irretrievable breakdown in the marriage. This is the simplest kind of divorce where both spouses are in complete agreement on all aspects of the divorce. Most legal experts agree that individuals can successfully represent themselves in an uncontested divorce, and do not need to seek legal representation to obtain a divorce. It is currently estimated that 95% of all divorces in the US are uncontested.

 

Who can file for a no fault or uncontested divorce?

To qualify for a no-fault or uncontested divorce you must meet the requirements listed below or the Easy Divorce Kit will not work for you.  If you and your spouse can meet the requirements for the following few items, you should be able to file your own no-fault divorce using the divorce forms provided in the Easy Divorce Kit and receive your divorce in as little as 30 days depending on your state of residency.  If you and your spouse cannot agree on every aspect of ending the marriage it is recommended that you seek legal representation from an attorney.

  1. The person filing must meet residency requirements for their state.  Typically six to twelve months.   See the state requirements page for individual state requirements for an uncontested divorce.

  2. Both of you must agree on all aspects of ending your marriage.

  3. The wife must not be pregnant.

  4. You must know the whereabouts of your spouse.  He/she will need to sign the documents later.  He/she typically will not need to appear in court, however, the person filing with the court will.

  5. There are fees that must be paid directly to the court at the time of filing, typically 100 to 400 dollars.

If you and your spouse can fulfill all of these requirements then it is possible for you to use the divorce forms provided in the Easy Divorce Kit to file your uncontested divorce. 

The above guidelines are only general guidelines for an uncontested divorce. Please check your states specific requirements since the requirements for uncontested divorces vary from state to state.

Click her for your state requirements

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Easydivorcekit.net is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

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