Could I file for an uncontested divorce?

Posted by admin on March 31st, 2010 and filed under Uncontested Divorce | 7 Comments »

Im not sure what reason allow you to file for an uncontested divorce are or not, but here’s my story. My husband and I got married two months ago. We argue about stupid things, this last time he moved out, changed his number and that was a week ago. Since, he’s been verbally and emotionally abusive and is signed up on all of these singles dating websites. Are these grounds for an uncontested divorce or would I be better off trying to get it anulled?

An uncontested divorce means you both agree to the divorce, and all aspects of it. Its completely different from an annulment (which is a way to dissolve a marriage making it so that it never happened). Annulments are difficult and require your marriage to fall under some pretty specific issues such as duress, fraud, polygamy, etc.
If you and your husband agree to the divorce then you can do it yourself, without a lawyer.

7 Responses

  1. crazy8eddie Says:

    Depends on the state. Most states have a version of a "no-fault divorce". Some have longer waiting periods than others. Anyone can file for a divorce, by visiting the County Court, filling out the form(s) and paying the filing fee. Then you go through the process, however long, and a ruling is issued. In your case, with no property to divide, it should be pretty simple. If it is contested, then you should consult an attorney. An annulment is usually only available when there has been some kind of fraud associated with the marriage… some kind of misrepresentation on the part of one of the parties, which includes failure to consummate the relationship.
    References :

  2. Kaia Says:

    Okay, you file for divorce and if he doesn’t try to stop it, doesn’t want to bother with attending the hearings, THEN it’s uncontested. You don’t get to pick it…it just means he’s not going to try to stop it.

    I’m pretty sure he’d have to agree to an annulment as well.

    Just go to an attorney, and get the paperwork going.
    References :

  3. Legandivori Says:

    See a divorce lawayer immediately and try for annulment based on what you found. Xerox everything. Write out complete anecdotal records. Lose him fast. If he fights it, sue for divorce and keep everything.
    You cannot get an uncontested divorce unless he fails top contest it.
    References :

  4. honeybear Says:

    an uncontested divorce is where the other party has no problems getting the divorce, find a lawyer, or go legal aid and they can help you with what you need, if they are not helpful call an attorney and ask questions, they can help for sure, you can try for an anulment good luck
    References :

  5. sheloves_dablues Says:

    An uncontested divorce means you both agree to dissolve the marriage without a lengthy court battle to fight over who gets what.
    References :

  6. George Says:

    In my state to be an uncontested divorce the couple must file jointly and agree on everything. You can file for divorce and he does not contest it, it is still not considered an uncontested divorce. It is a matter of legal definition. Talk to an attorney, and see which would be easier, a divorce or annulment. The easiest thing would be asking your husband and see if he would agree to an uncontested divorce,
    References :
    Been there

  7. lorisam7879 Says:

    An uncontested divorce means you both agree to the divorce, and all aspects of it. Its completely different from an annulment (which is a way to dissolve a marriage making it so that it never happened). Annulments are difficult and require your marriage to fall under some pretty specific issues such as duress, fraud, polygamy, etc.
    If you and your husband agree to the divorce then you can do it yourself, without a lawyer.
    References :
    http://document-do-it-yourself-service.com/qualifications.html

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