Divorce is a process that no one wants to go through, yet, 40% to 50% of marriages end in divorce. Most people don’t know that divorce doesn’t have to be a long, financially, and emotionally draining battle. Uncontested divorces can benefit those who prefer to save time, stress, and money.
The Louisiana Family Law Firm is one of Louisiana’s top family law firms, specializing in divorces. We use a variety of legal strategies to help navigate the divorce process, including negotiation, mediation, settlements, and, if needed, through trial. Learn more about how you can guide your divorce through an uncontested process.
The Basics of Uncontested Divorce
When one person in the marriage initiates divorce proceedings, they also create a list that demonstrates what they are asking for in the divorce. For example, they can ask for marital property or a specific child custody arrangement. If the other party does not agree with the proposed terms, they contest the divorce.
Although many divorces start as contested divorces, 90% of all divorces end up as uncontested divorces because, eventually, the parties involved will reach an agreement. Once both parties agree to the terms and allow the marriage to end under those terms, the divorce is uncontested.
How Long Does an Uncontested Divorce Take?
Once the party who initiates the divorce, the petitioner, files a petition for divorce through the courts, the other party, the respondent, is served with the divorce complaint. The complaint contains everything the petitioner is asking for in the divorce. The courts schedule a date for an initial appearance. The respondent has about ten business days to respond to the complaint and make an appearance at the court date.
Suppose the couple can agree on the terms of the complaint. In that case, they can complete a settlement before the initial appearance by putting their agreement in writing. Then, once they submit their written agreement to the court, the judge will make sure that both parties understand what terms they agree to, and the judge will grant the divorce.
Another way a divorce can be uncontested is if the respondent does not acknowledge the complaint or show up for the initial appearance. In this case, the judge will evaluate the petitioner’s request and decide on the terms.
What Are the Factors That Can Affect How Long an Uncontested Divorce Takes?
How long an uncontested divorce takes depends on whether there are waiting periods. In Louisiana, there is a waiting period of 180 days in a no-fault divorce if you and your spouse have lived apart continuously during that time and there are no children under the age of 18 years old involved. If minor children are involved, the divorce will be granted in 365 days if the spouses live apart continuously during that period. There is no waiting period for fault-based divorces.
How Much Will an Uncontested Divorce Cost?
How much an uncontested divorce will cost depends on if you and your spouse can agree to the terms before the initial court date. Your uncontested divorce can cost court filing fees of about $200 to $350, online form fees, and maybe lawyer fees if the terms are agreed upon. However, the longer the terms are not agreed upon results in more costs.
Quick and Hassle-Free: Let Our Legal Experts Handle Your Uncontested Divorce
Divorce is never easy for anyone, but if you are about to initiate a divorce, or find yourself in the middle of one, being more knowledgeable about uncontested divorce proceedings, how long an uncontested divorce takes, and how much it may cost will make the process more bearable.
When life’s challenges need expert guidance and personalized solutions, you deserve an attorney who will help you achieve a successful outcome in times of struggle. The Louisiana Family Law Firm is comprised of experienced divorce lawyers dedicated to compassionately serving people in the Baton Rouge and New Orleans areas. Contact us to learn how we can help with your divorce.
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