Uncontested Divorce

are in agreement. If a divorce action is filed, the parties agree that the marriage is irretrievably broken, which is the only legal requirement for a divorce. The parties also agree to the property division, debt division, parenting plan and other issues. Some parties believe that an agreement relieves them of clearly articulating the details of the property and debt division or a loosely written parenting plan, etc. The court is charged with making a fair and equitable division of property and debts in light of the circumstances. If the details, values or amounts are not clearly set forth in the final divorce papers, the court does not know if the division is fair and equitable in light of the circumstances.

If you have an uncontested divorce or legal separation, consult with legal counsel just to be on the safe side. In many years of practicing family law, I have dealt with pro se parties who agreed to the terms of a divorce but did not word the divorce decree correctly. One divorce decree awarded the house to the wife, who was to refinance the mortgage into her name only. The divorce decree was silent as to the deadline by which the wife was to get the refinance or if no refinance the date to sell the home to release the husband from the debt. In that case, the husband was on the mortgage for 10 years and counting.