And if you or your spouse has retirement benefits through work, through work, you might need to hire an actuary appraiser to value them or a lawyer to prepare the special court order you'll need to divide them. Couples with more complex situations may also proceed without attorneys, but with greater caution, as one or both spouses could be giving up substantial legal rights. It may make sense to hire a consulting attorney to help you review your paperwork and potential settlement agreement to make sure you haven't made any mistakes or unknowingly given up a legal right.
In some states, couples who have agreed to divorce may file their paperwork jointly. In other states, it's common for the couple to agree to the terms of their divorce and then have one spouse hire an attorney to prepare the paperwork. A couple in this situation must understand that an attorney can only represent one spouse, and the spouse who is not represented could therefore be at a significant legal disadvantage—in most cases, unless the unrepresented spouse has an excellent understanding of the law, it's a good idea for that spouse to also hire an attorney to review the paperwork before the divorce is finalized.
A legal document preparer can help you with your divorce paperwork. In many states, legal document preparers, paralegals, or legal typists different names for the same job can help you prepare court forms for a divorce. They cannot give you legal advice, but they can direct you to helpful resources and then make sure the forms are properly filled out so that your court process goes smoothly. The most obvious advantage is cost. Uncontested divorces are generally much less expensive than contested divorces.
An uncontested divorce can often be completed by paying only the court filing fees usually a few hundred dollars. Even where attorneys are involved in preparing paperwork or helping with limited negotiations, the fees can be kept low if the couple is able to reach agreement without resorting to court proceedings. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice.
Meet the Editors. How to Proceed With an Uncontested Divorce. Learn more about the uncontested divorce process. What Is an Uncontested Divorce? In most states, the couple must present a signed settlement agreement outlining the following: division of marital property and debt allocation of child custody and parenting time child support alimony also called spousal support or spousal maintenance whether one spouse would like to restore a maiden name, and any other divorce-related issues relevant to the couple.
Uncontested Divorce Process The first step in the uncontested divorce process is to discuss it with your soon-to-be-ex-spouse. Uncontested Versus Contested Divorce Process By far, the uncontested divorce process is at the top of the list for saving money and time when it comes to a divorce.
Benefits of an Uncontested Divorce There are many benefits to using your state's uncontested divorce process. For example: It costs less money overall even though the filing fees for an uncontested divorce and contested divorce are identical. Even if both spouses hire attorneys, an uncontested divorce doesn't require arguing, evidence, or a lot of time in the courtroom, all of which result in significant savings. In most situations, an uncontested divorce will also preserve the relationship between the spouses.
It's no secret that divorces can further erode an already damaged relationship. Because an uncontested divorce requires the spouses to work together for a common goal, it usually leaves a better relationship intact at the end. Filing for an uncontested divorce will almost certainly mean that the judge will finalize the divorce faster than a contested divorce. Spouses who work together to create a settlement agreement are more likely to follow the orders after the divorce is final.
When couples understand the reasoning behind the custody, support, or visitation orders, there's less bickering, which leads to less unnecessary court hearings in the future. FAQs How long does it take to finalize an uncontested divorce? All other US states follow Equitable Distribution , which requires a judge to decide what the fair split of community property should be.
This usually results in the higher-earning spouse getting two-thirds of the property, and the lower earning spouse getting one-third. Understanding which financial process you and your spouse are required to follow based on where you live is the first important step to managing your finances in a divorce.
Pro Tip: How divorce can impact your inheritance. Take time to conduct an audit of your finances to identity what was acquired before and after your marriage. This will enable you to assess your personal property independently of your community property. Unfortunately for those who learn this after the fact, it may already be too late.
Asset difficulties are one of the most common issues couples face after splitting up. The divorce experts at It's Over Easy conclude that, instead of trying to get everything done quickly, it is important that you spend time educating yourself and being realistic about your financial needs.
Often times, individuals who have lived somewhat lavishly find themselves nearly broke after their marriage ends — even if they use more cost-efficient options like an online divorce or divorce recourse. This is usually because couples do not understand how the laws of their state will mandate the division of community property.
According to the senior vice president of wealth management at UBS in Philadelphia, the next step after divorce is to plan for your life as a single person, and adjust your budget accordingly. Though this may call for selling certain belongings or reprioritizing your weekly spendings, it is beneficial in the long run and will save you a lot of stress. Pro Tip: Understanding Online Divorce. The terms of the divorce is part of the judgment and is dependent on whether the respondent filed a response or whether the couple can reach a mutual agreement about the terms.
You will laugh at the funny things she writes and be better prepared for what is ahead of you and your spouse as you navigate your divorce online. If the defendant accepts service of the Summons and signs an Affidavit, the divorce papers are filed with the court immediately. The defendant is given 20 days to reply, and if he or she does not, the plaintiff can file the divorce papers with the court. The defendant also has the option of signing the papers in front of a notary public indicating that he or she has no intention of contesting the divorce.
The plaintiff also signs the papers in that case, and they are filed with the court. Once the divorce papers have been signed and notarized or the time limit for the defendant to respond has passed, the next step in the process is to file the divorce papers with the court clerk's office in the county where the plaintiff lives. Once the papers have been filed with the court, the question, "How long does an uncontested divorce take?
The amount of time it will take to finalize the divorce by having a judge approve and sign the judgment can take anywhere from six weeks to 12 months. Your lawyer or the court clerk's office in the county where you want to file for divorce may be able to give you an answer about how long an uncontested divorce takes to process in your area.
The best they will be able to do is give you an estimate. Once the divorce judgment has been signed, there may be a waiting period where neither party can remarry in certain jurisdictions.
0コメント