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Divorce by Agreement
Uncontested Dissolution of Marriage
Parties may always agree to dissolve their marriage. In fact, the Courts encourage parties to agree on as many items as they can, which is why all cases are required to go to mediation before the parties are allowed to bring their case to the judge to decide. If the parties agree on everything at the outset, we call this an uncontested dissolution of marriage. In order for the dissolution to be uncontested all items the Court is required to or can consider as part of a dissolution of marriage proceeding must be agreed upon by both parties. That means the parties have to agree upon (1) a divorce being appropriate, (2) the parenting plan (if there are minor children), (3) the division of the assets and liabilities of the parties, (4) spousal support or the waiver of spousal support, (5) the amount of child support, (6) the payment of attorneys' fees and (6) anything else.
It is recommended to have an attorney review any agreements before they are signed so that you are fully informed of your rights and responsibilities. If you sign an agreement, it is very difficult - if not impossible - to undo the agreement.