Checklist-Uncontested Divorce (No Kids)

Understanding the Uncontested Divorce Process

Most people understand that an uncontested divorce is much cheaper than a contested divorce. Like a solar eclipse, uncontested divorces actually exist, but also like an eclipse, they are rare. The reason is simple, people who are divorcing are not usually 100% on the same page for all issues, hence the divorce. That does not mean that you are about to enter World War III, because most divorces start-off contested and eventually become uncontested. If you are looking for an uncontested divorce, use this checklist to see if your situation is truly “uncontested.” If there are contested or unknown issues, you should probably speak to a law firm to help you strategize how to resolve those issues.

Residency Requirements

(Must answer “yes” for at least 1 below)

Have you lived for more than 90 days in the County where you filed for divorce?
Has your spouse lived for more than 90 days in the County where you filed for divorce?

Official Notice Completed

Has your spouse filed an Appearance with the County Clerk?

Financial Information Exchanged

Do both parties have full and complete access to all accounts of the other party? This includes access to mobile banking apps and understanding each other’s financial institution details.

Real Estate and Settlement Agreements

Do you have a written real estate settlement agreement on how you intend to dispose of real property?

Debts and Liabilities

Do you have a written agreement on how you intend to divide all debts that were acquired (regardless of title) during the marriage?
Have you closed all joint debts (e.g., credit cards)?
Are the parties able to divide the debts as agreed upon? For example, if someone is planning to refinance debt, have they been pre-approved or do they have the income and credit score to take on the agreed debt?

Pension and Retirement Accounts

Do both parties have a full and complete understanding of the retirement accounts including traditional IRAs, Roth IRAs, 401(k) plans, and other retirement savings?
Do both parties understand the required documentation needed to obtain an interest in retirement accounts after age 59?

Personal Property and Bank Accounts

Have you closed all joint accounts? (Note this is not required, but recommended for an easier transition)
Have you divided all personal property between you and your spouse? If not, is there a plan in writing so that it is clear who is taking what items?

Income & Maintenance

Do you know the full and complete income and assets of your spouse?
Does your spouse know your full and complete income and assets?
Do you have an agreement regarding maintenance?
Do both parties understand what the statutory length and amounts of maintenance would be if the court awarded maintenance? This includes implications for income tax and financial planning.

Other Considerations

Are there any other things that you want? If so, it is very important to have it clearly written in your Divorce Judgment because too many people leave important things to verbal “agreements” only to have things go wrong later.

Contact Reidy Law Office

Reminder, this list is not a substitute for speaking with an attorney about your specific situation. Use it as a guide to help you move forward with your decisions. Reach out to our team to learn more about your divorce process and how we can help.