Some divorces are reasonably straightforward. Both spouses agree that the marriage is not working the way they had hoped, and they would be better off dissolving the relationship and going their separate ways. These divorces are called uncontested or simple divorces, as the spouses agree on the terms and only need a judge’s signature to finalize the agreement.
If everyone agrees on the terms, you may wonder if you still need a Kent uncontested divorce lawyer. It is a good idea to have a divorce attorney review your paperwork and explain the requirements for finalizing your separation. At Lutz & Associates, our compassionate team can review your marital settlement agreement to ensure it is acceptable to the court and answer any questions you may have. Family law is all we do, and we do it with decades of experience and skill to back up every strategic choice we make on your behalf.
What Is an Uncontested Divorce?
In an uncontested divorce, the spouses agree on all the terms of the marital settlement agreement. Uncontested divorces usually happen in marriages where there is no high-value property or business to divide. The parties divide their assets and debts between them and agree to walk away without further argument.
Uncontested divorces must follow basic Washington guidelines, including:
- At least one spouse must be a resident of Washington
- All issues must be resolved by mutual agreement; any disagreement makes it a contested divorce
- Parties must file a Joint Petition if both agree, or one party must file a Petition and serve the other party
- There is a 90-day waiting period between filing and finalization of the divorce, even if both parties agree on terms
Uncontested divorces are faster, less expensive, and give parties more control over their settlement agreements than having a judge make the decision, but still benefit from the guidance of our Kent attorneys to ensure a smooth process.
Do You Need an Attorney for Your Uncontested Divorce?
In an uncontested divorce, it is a good idea to have a Kent divorce lawyer review your paperwork before you submit it to the courts. At Lutz & Associates, our attorneys can look over your agreement and ensure it complies with all state laws regarding property division and other rules. We pride ourselves on communication and availability to our clients, so you will always be in the know on where your case stands.
If you and your spouse draft your own settlement agreement, you are not required to divide your marital property 50/50 under state community property laws. However, the judge will review your settlement and can make changes if it seems unfair or inequitable. According to Pew Research, divorced adults tend to have lower household incomes and less wealth than married adults, so you do not want to leave your marriage with less than you deserve. An attorney may help ensure your division meets state guidelines before a judge makes any other changes.
State law does not allow parents to waive child support. There may be situations where both parents agree to a child support payment of zero dollars, but your agreement must explain why. Our family law attorneys could help you and your spouse devise a child support payment that meets your goals under state law.
Get Legal Assistance From an Uncontested Divorce Attorney in Kent
Even when your divorce is amicable and seems simple, there may be legal issues you are not aware of. At Lutz & Associates, we could give you tips on where a judge might question your marital settlement agreement and repair the problem for you before the court does.
If other issues arise in your case, or if the judge feels your divorce is not as uncontested as you believe, we are ready to work with you and your spouse to achieve the same results through negotiation and communication. If you are facing divorce or custody issues, our Kent uncontested divorce lawyer would love to speak with you. Call (206) 672-9291 or reach us online.
