What is an Uncontested Divorce?

An Uncontested Divorce is a way majority people get a divorce.  It is very basic and the most inexpensive way to divorce.  It gives you and your spouse a chance to end your marriage quietly and civilly.  An Uncontested Divorce is not right for all divorcing couples.

Advantages of Uncontested Divorce

The advantage of an uncontested divorce is the low cost.  An uncontested divorce that stays uncontested is almost always the most inexpensive way of getting a divorce.  I am sure the first thing that may go through a person’s mind is “can I afford this divorce”?  The simple fact is that any money you can avoid spending on any type of legal fees or mediators, you may be able to use after your divorce or on your children if any.  The low cost is not, however, the only advantage of an uncontested divorce.  If the level of differences between you and your spouse are kept at ease then you will be able to keep your costs low.  The agreements that the two of you will reach in an uncontested divorce and file in the court will be a matter of public record.  Nor do the various proposals you discuss as you negotiate an agreement that’s acceptable to both of you.

Now don’t think you have to agree with each other about the issues of your divorce for an uncontested divorce.  It is not so much a question of agreement as it is your desire to get through your divorce in a civil matter.  If you and your spouse don’t yet agree on all the issues of your divorce that just means you may have some negotiating to do before you finish it.

When an Uncontested Divorce is a Bad Idea

An uncontested divorce is not a good idea when one spouse chooses to belittle or continuously bring up all the faults of the other spouse.  When domestic violence is involved, an uncontested divorce is not a good idea either.  Uncontested divorce is a bad idea when the parties are not able to speak civilly with one another.  If your spouse refuses to have any discussion with you about divorce, and if you’re determined to move forward with the process, any money you spend on an uncontested divorce is likely to be wasted.  If you are patient, you may find that your spouse may come around later, but if you are determined to finish it now and your spouse is not cooperating, you may have no choice but to serve them with the normal divorce process and do it the hard way.

The first thing you need to know about uncontested divorce is that the lawyer you get to do your uncontested divorce cannot represent both of you.  The courts assume that the spouses in a divorce have different interests.  The lawyer must represent one of you and not the other.  Uncontested divorce can happen much faster than most people realize.

An uncontested divorce basically all depends on your specific divorce case. If you and your spouse are able to come to an agreement and work civilly together then an uncontested divorce is perfect for you.  On that note, if you would like to not only save money but time as well you can try a do it yourself divorce.  Simply go to www.mydivorcedocuments.com and look into a specific state down-loadable divorce kit for a low cost and begin your divorce process today!

One of life’s most difficult questions you may run into is if  you should end a marriage or not.  Many people are unsure as to whether they will pursue a divorce or want to understand the process for acquiring one.  Knowledge can be very empowering and may help you think more clearly as to how you wish to handle the issues within your marriage.  This article gives a basic overview of the stages of a divorce case.

In some cases you may not automatically want to file your Divorce Complaint, although there may be reasons you wish to do so.  In this case you may want to try and resolve the issues that are relevant to considering ending your marriage.  If you have come to the final decision of moving forward with a divorce and feel there is no hope left then you need to start your divorce process.  During this time, you will likely exchange whatever information needed to have disclosure on financial issues.  You can even work with mediators or care professionals, if necessary, in order to resolve any conflicts with regard to custody and parenting time of your children.  Once the settlement is reached, it is reduced to writing and executed by the parties and counsel.  At this time, the parties can file the pleadings to obtain a divorce and seek enforcement of the agreement they have reached.

In the event that the circumstances of your case force you to file your divorce pleadings immediately rather than pursue pre-filing settlement options as discussed above, then your case will proceed differently.  The filing of the Divorce Complaint has an important impact.  Generally speaking, it establishes the termination date of your marriage and is the date by which assets of a marriage are identified and valued.  The filing of the Divorce Complaint also triggers many court deadlines for moving your case forward.  For example, your spouse will have thirty-five days to respond to the pleading that you filed.  From there, you and your spouse will prepare financial disclosure forms called Case Information Statements.  These forms will be filed with the court.

You will also begin a process called “discovery” in which you and your spouse will have a certain fixed period of time to respond to formal requests for information. These demands are called “Interrogatories,” which are written questions, to which you must respond, and a “Notice to Produce,” or a demand for documents, to which you will also have to respond by producing the documents requested in the demand.  Depositions may also occur during this discovery period.  Depositions consist of a series of questions that you and your spouse answer under oath. The attorney representing your spouse asks you the questions; your attorney questions your spouse.  Furthermore, if there are contested issues of custody and parenting time and/or if there are assets that need to be valued, such as real estate or a business, those evaluations occur during this time period with the assistance of experts.

Once discovery is completed there are certain initiatives organized by the court to assist you in trying to reach a settlement of your case.  One such initiative is called Early Settlement Panel, where approximately two attorneys volunteer their time to sit as panelists and hear from your counsel the merits of your positions in your divorce.  At the conclusion of that presentation, the panelists will offer a non-binding and confidential assessment of how they would resolve your case based on their experience.  If your case does not settle at Early Settlement Panel, then you are provided the opportunity to go on to Economic Mediation.  During Economic Mediation, attorneys who are qualified mediators volunteer approximately two hours of their time to again hear from you and your counsel and try to help you reach a resolution of your open issues.  With both Early Settlement Panel and Economic Mediation, your spouse and his/her attorney also present their position. At the conclusion of Economic Mediation you report back to the judge assigned to your case to advise the court of the status of your case.  If at the end of Economic Mediation your case is still not settled, then the court will likely schedule an in-court settlement conference and/or a trial date.

The above offers a quick summary of the general process of a divorce.  Subjective circumstances of an individual case can certainly cause a case to evolve in a variety of different directions.  A complicated custody dispute can also make a divorce more involved, although courts do prioritize custody matters and try to expedite those cases, preferably within a six month period of time tolling from the filing date of the Complaint for Divorce.  It is also important to keep in mind that with the assistance of counsel and cooperation from the parties, even complicated matters can be solved expeditiously.  Every divorce varies according to your situation.

If you have read the divorce process and realize that you can have an amicable divorce and come to agreements to resolve this divorce quickly.  Then I encourage you to simply go to www.mydivorcedocuments.com where you can download your specific state low cost forms and kits today.

If you are 100% SURE that you want a divorce, be sure to protect every aspect of your life :

1. Speak to a Marriage Counselor or another certified specialist who may be able to help you save your marriage.

Even if you don’t think there’s hope for the marriage, “divorce counseling” can help you discover what went wrong, how to cope, and how to pick up the pieces and go on.  Don’t wait for your spouse to participate.

2.  Download the Divorce Forms for a Quick Divorce and learn about the Divorce Law first.  If you choose not, be sure to Talk to a divorce attorney before you do anything.

Even if you don’t end up hiring an attorney to handle your separation or divorce, you would be well advised to get as much information as you can before you even discuss divorce with your spouse.

3. Do not move out of the marital home without talking to an attorney first. Download a Do It Yourself Divorce.

Leaving the house without a good reason may cause you to pay alimony or may result in your inability to collect alimony.  If you leave the house, you may also be unable to return until after a court divides the property. This process might take more than a year.  The best advice is to stay in the house until after you talk with an attorney unless your spouse is violent.  If your spouse is violent, you must take all steps necessary to protect yourself and your children.

4. If you have been involved in any extramarital affairs, talk to a lawyer before you discuss this with your spouse or anyone else.

In this case, honesty may not be the best policy.  In addition to the fact that adultery is illegal in some states, admission of an affair can have other consequences.  If your spouse is a candidate for alimony, any illicit sexual behavior on your part (during the marriage…which includes the time you are separated) could end up costing you thousands in additional alimony payments.

5. Take concrete steps to safeguard your assets before you and your spouse begin discussing divorce.  Get the divorce facts online without hiring an attorney.

One of these steps is to take possession of certain assets during separation, especially those assets you wish to be using, such as furniture and vehicles, and those assets that might be liquidated by your spouse, including precious gems and stones, other collectibles, cash, and bearer bonds.

Get Your Divorce Forms today by simply going to www.mydivorcedocuments.com!