Relative to the mid-twentieth century, divorce rates have been quite high for some time, resting in and around the 50-percentile range. In 2015, for instance, there were about 2.2 million marriages in the US and around 800,000 divorces, making for a 45 percent divorce rate. However, it should be noted, divorce rates have fallen by 25 percent since 1980, when they were at their zenith. This may be due in part to shifting attitudes regarding marriage and partnerships more generally. Fewer people see marriage as a prerequisite for childbearing for instance.
The Path of Least Resistance
Whatever the state-of-affairs may be, divorce remains a very real phenomenon, despite the changes in cultural norms. Likewise, divorce is still, for many, an emotionally fraught event, full of frustrating practical questions (who gets what) and difficult personal issues (can both parties remain friendly). In many cases, both parties want what is called an uncontested divorce, as this is the path of least resistance and is more time-effective. As you can imagine, each state has its own statutes governing the divorce process. Below, you will find a small sample size of state-specific procedures. Hopefully, this will help give a sense of the small but important differences that exist between states.
New York
According to New York State law, an uncontested divorce is when both parties involved in the proceedings are in agreement about the terms of the divorce. This means both spouses agree on child-custody issues, the division of marital assets, alimony and any other issues at stake in the divorce. Of course, both parties must agree to a divorce. Failing that, in New York State anyway, if one spouse misses the court proceeding (known as an action), an uncontested divorce might be in order.
California
In California, the case is quite similar. If both parties sign an agreement settling disputes regarding child support, division of debt etc., the divorce will be deemed uncontested. If one spouse takes more than 30 days to respond to the initial request (or petition) for divorce, then a true default case will ensue. Once 30 days are up (following the initial petition), there are a slew of forms the petitioner must fill out in order to continue with the divorce.
Massachusetts
In some states, the process is a bit circuitous, meaning there are certain hoops both parties have to jump through. For example, in Massachusetts, there are two kinds of “no-fault” divorces (labeled 1A and 1B). A 1A no-fault case occurs when both spouses file a joint affidavit (known as a “joint affidavit of irretrievable breakdown”). After the initial filing, they may need to take a “parent education class,” during which they will learn about the damaging effects a divorce can have on children.
This is important because spouses cannot attend a court hearing without both the joint affidavit and a parent education certificate. If, at the hearing, the judge finds the marriage to be irretrievably broken down, a judgement is submitted allowing the divorce to commence. From that point, each party will have 90 days before they can legally remarry.
A 1B case is similar to its 1A counterpart; except in a 1B case, one spouse petitions the other, as opposed to both spouses filing a joint affidavit.
Texas
As explained by Kutty Law Firm, PLLC, Texas law dictates a number of criteria for an uncontested divorce. For one, the marital assets must not exceed the amount of $250,000. And, as with the other states mentioned here, both parties must agree on every aspect of the divorce proceedings. Any disagreement constitutes a contestation and precludes the possibility of an uncontested divorce. Additionally, only one party can have an attorney, meaning both spouses must agree on which party receives representation. Finally, if either party wants to draw up a new plan for child-custody, the divorce will not be considered uncontested.
As you can see, even when there are broad similarities between states, divorce procedures can vary quite a bit. That’s why it’s a good idea to have an attorney who understands the idiosyncrasies of your state’s divorce law. With the right representation, you can better navigate the complexities of an uncontested divorce. This can, in the long run, reduce the emotional burden of lengthy proceedings and save you money.
