Uncontested Divorce Attorneys in North Platte
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An uncontested divorce is a dissolution where both spouses reach an agreement on all major issues and are able to avoid court. This includes: alimony, division of assets, child custody and child support.
Unlike contested divorce, this route avoids litigation. Consequently making it far less costly in contrast to other proceedings. To help, a mediator may assist to help the spouses come to a mutual agreement.
The Difference Between Contested and Uncontested Divorce
Contested divorce differs significantly from uncontested divorce; a contested divorce occurs when spouses cannot mutually agree on one or more major issues. When spouses cannot agree they likely will incur significant legal fees and emotional stress resolving their disputes in court.
Contested divorce will likely take much longer and include court hearings, and a trial, where a judge will make the final decision regarding the partie’s finances, children, and support issues.
How Long Do Uncontested Divorces Take?
Since uncontested divorce avoids litigation, the process is much quicker. However, the duration of the divorce may vary depending on various factors.
Here are a few standard steps and their timeframes:
- Preparation & Filing:
Preparation to file the divorce complaint will typically take a few days to a few weeks. You’ll want to ensure you have all the necessary documents prepared.
- Service of Process:
The next step is serving the other spouse. Depending on the service, this can take a few days to a few weeks.
- Waiting period:
Nebraska has a 60 day waiting period, wherein a judge cannot sign a final decree until after 60 days has past from the service date.
- Finalization:
Upon completing the waiting period, the court will review the agreement. If no issues arise, the court will enter the final divorce decree.
Common Mistakes to Avoid in an Uncontested Divorce
Although the uncontested divorce process is less demanding than contested divorce, there are still commonly made mistakes to avoid. Here are a few to list:
- Inadequate Disclosure of Assets and Debts: Neglecting to disclose all assets and debts may result in an unfair settlement, thus leading to potential future legal issues.
- Improperly Drafted Agreements: Disputes may arise from omissions or misunderstanding. Ensure that the settlement agreement is comprehensive.
- Overlooking Retirement Accounts: Properly allocating retirement accounts requires specific legal steps, such as preparation of a Qualified Domestic Relations Order (QDRO).
- Not Updating Legal Documents: Upon finalizing the divorce, it’s important to update wills, powers of attorney, and beneficiary designations on insurance policies and retirement accounts.
- Failing to Address Child Custody and Support in Detail: Poorly drafted parenting plans or plans without specific detail can lead to arguments and disputes down the road.
- Not Consulting a Lawyer:
Though not necessary, hiring a lawyer is beneficial when filing an uncontested divorce. An attorney will be able to review the settlement agreement and ensure it meets the legal requirements of the jurisdiction.
What is the Eligibility for Uncontested Divorce In North Platte, Nebraska?
In North Platte, Nebraska, to qualify for an uncontested divorce the following is typically required to meet the criteria:
- Residency Requirement:
To meet the residency requirement, one spouse must have lived in Nebraska for at least one year prior to filing for the divorce.
- Mutual Agreement:
Both spouses agree on all issues related to the divorce, including property and debt, child custody, and parenting time, child support, alimony and any other relevant matters.
- Grounds for Divorce:
Nebraska is a no-fault divorce state, signifying that the only ground for divorce is that the marriage is “irretrievably broken.” Both parties must agree that this is the case.
- Waiting Period:
Nebraska has a 60-day waiting period from the date the divorce compaint is served until the divorce is finalized. During this time, the couple may need to take a parenting class if they have minor children.
- Completion of Required Forms:
Both parties approve and agree on a final decree, property settlement agreement, parenting plan and child support (if needed).
Contact a North Platte Uncontested Divorce Attorney
The uncontested divorce process is significantly less intense than contested divorce. With minimal stress and lower costs, you can have your divorce filed within a matter of months. Hathaway Law Group, P.C. L.L.O. is here to help you quickly and efficiently through your divorce. Get in touch with our divorce attorneys in North Platte today to discover what type of divorce is right for you and your family.
