Columbus Uncontested Divorce Lawyers: Divorce Doesn’t Always Have To Be A Battle
When you and your spouse agree you should divorce and can come to an agreement on the issues involved, you are eligible to file an uncontested divorce. At Baker & Wick LLC, our uncontested divorce attorneys can offer legal guidance that can facilitate a fast and efficient divorce.
What Is An Uncontested Divorce?
An uncontested divorce is a form of no-fault divorce and is an efficient path toward divorce. In this simplified divorce process, you and your spouse each have an attorney to protect your interests. Working with your lawyers, you work together with your spouse to negotiate:
- How to divide your assets and debts
- Child custody arrangements and parenting time
- Child support responsibilities and payments
- Spousal maintenance
The decisions you make together become your divorce settlement agreement. Sometimes, couples choose to go through the mediation process to help reach agreements in their uncontested divorce.
What Is The Difference Between An Uncontested Divorce And A Dissolution Of Marriage?
While both uncontested divorce and dissolution of marriage require you to agree on all the issues, the process for a dissolution of marriage is different. In a dissolution, you and your spouse file the petition jointly. In an uncontested divorce, one spouse initiates the divorce process, the other responds and then the spouses file a proposed divorce settlement with the court.
There are several options for ending your marriage. Our divorce lawyers have over 40 years of combined experience. They can help you compare and contrast these two different ways of ending your marriage and help you choose the process that works best for you.
What Are The Benefits Of Choosing An Uncontested Divorce?
There are several advantages for choosing an uncontested divorce. An uncontested divorce can have numerous benefits, including:
- Simplicity: Since both spouses agree on all the issues, the court does not need to hear any evidence or make any decisions.
- Speed: Finalizing your divorce settlement requires only a short hearing. A contested divorce or a divorce based on fault could require days at trial.
- Cost-effectiveness: The more issues you and your divorcing spouse can resolve on your own, the more cost-effective your divorce will be.
- Emotional ease: In most cases, an uncontested divorce is a more amicable divorce. You avoid having to put your life before a judge.
These advantages make an uncontested divorce a preferable option for many couples looking to part ways amicably.
What Are The Requirements For An Uncontested Divorce In Ohio?
To qualify for an uncontested divorce, both spouses must agree on all significant legal issues. These issues include:
- The division of marital assets and debts: Ohio law requires an equitable distribution of assets and debts when dividing property in a divorce. Typically, this means assets will be divided fairly, but not necessarily equally.
- Child custody: Custody issues include physical and legal custody, and day-to-day parenting plans. Custody will be decided based on what is in the best interest of the child.
- Child support: In Ohio, child support obligations follow the Ohio Child Support Guidelines, which are based on the parents’ incomes, how many children each parent has, the health care costs for the children and day care expenses.
- Spousal support or alimony: When appropriate, spousal support may be granted to the lower-earning spouse. Temporary alimony may be granted during the divorce. When the divorce is finalized, long-term or permanent alimony may be awarded, but this is decided on a case-by-case basis.
- Prenuptial or postnuptial agreements: If you have a valid prenuptial agreement or a postnuptial agreement, it will likely cover property rights for individual and joint assets, the division of assets and debts in divorce, spousal support terms and additional concerns. Child custody and support are not part of these agreements, however.
If you are able to come to an agreement on most of your issues but not all, you may still be able to file an uncontested divorce. We can help you resolve your final issues using divorce mediation or other alternative dispute resolution methods.
What Types Of Paperwork May Be Included In An Uncontested Divorce?
Any divorce involves paperwork and court filings. An experienced uncontested divorce attorney at Baker & Wick LLC can help you with all of it.
- Petition for dissolution of marriage: Each spouse must provide their information and the reason they want to divorce.
- Separation agreement: This form verifies that both spouses agree on all terms of the divorce. If they do not agree on one or more of the issues, they will have to go to mediation or file for a contested divorce.
- Financial disclosure form: The parties will each detail their income and expenses. All sources of income must be noted.
- Child custody form: This affidavit encompasses all of the state’s child custody laws.
- Shared parenting form: If you agree on co-parenting, you need to provide information on how you will share child-rearing duties.
- Child support or alimony deduction form: This gives your employer permission to deduct alimony or child support from your wages.
- Disclosure for health care insurance, verification and health care order: You must complete these so all parties have insurance coverage during the divorce.
If you both decide to proceed with the divorce without a lawyer, you will also need to file a waiver of legal representation. We do not recommend trying to handle an uncontested divorce by yourself because it is easy to make critical mistakes.
The Ohio Uncontested Divorce Process: Step-By-Step
Filing for an uncontested divorce can be more efficient and take less time than a contested divorce. The steps for completing an uncontested divorce include:
- One spouse files the divorce petition, and the other spouse files a response.
- The spouses come to an agreement on all of the issues.
- One spouse’s attorney drafts this agreement into a divorce settlement, and the other spouse’s attorney reviews and approves it.
- The attorneys submit the divorce settlement to the court, and a judge reviews it to ensure it complies with Ohio law.
- The divorcing spouses attend a short hearing in which the judge finalizes the divorce settlement into a divorce decree.
The time it takes to complete these steps will depend on several factors. If you are not in full agreement on the issues, it may take longer. The court may take some time to schedule your final hearing. In many cases, however, an uncontested divorce in Ohio is quick and easy.
Explore Your Options With A Columbus Uncontested Divorce Attorney
At Baker & Wick LLC, we understand that every family’s situation is unique. We are here to provide tailored advice that helps you move forward with your life in a positive direction. If you are considering an uncontested divorce, do not hesitate to reach out to us. Your new beginning starts here.
Contact us today. Call 614-697-2627 or fill out our online form to set up a consultation.
Located in Columbus, Ohio, we represent individuals throughout central Ohio seeking a quick divorce.
