Monday, April 9, 2012

Representing Yourself In An Uncontested Divorce




If you and your spouse have decided that your marriage is over and you want to dissolve your marital union with an uncontested divorce without involving divorce lawyers then you are not alone, for example, in Florida, about 60 percent of uncontested divorce couples represent themselves. This article will show you the general process in obtaining an uncontested divorce. An uncontested divorce means that you and your soon to be ex spouse are in agreement on the terms of the divorce if you or your spouse disagree on the terms of the divorce I recommend speaking to several divorce lawyers. There are many things that you may not have thought about until now such as how will your property be separated? If you have children how will the custody be shared? Who will pay child support? If custody is shared who pays child support? Will either party be requesting alimony? Do you or your current spouse have any loans together? Who will keep the house? What about the car? Usually once these situations have been discussed divorce lawyers are called, as many couples just cannot agree on who gets what or who owes who and how much.The Pros of uncontested divorce:Prosa) An uncontested divorce is a much faster process than a contested divorce as an uncontested divorce takes months, and a litigation divorce can be a long drawn out process it may even take years.b) Cost is a huge factor in an uncontested divorce as there may be no divorce lawyers so there may be no attorney fees charged.The divorce laws are different from state to state. You should contact local divorce lawyers for advice and as a back up just in case the terms change. Also look at your state divorce laws and what the divorce process entails in your state. To start divorce proceedings you will need to go to your local court house and file the initial forms to start your divorce.Here are the steps to file an uncontested divorce. These may vary from state to state.Step 1: You and your spouse will need to go to the court house to fill out the initial start of the divorce petition and forms. Also check with local divorce lawyers just in case your ex spouse changes is or her mind about an amicable divorce.Step 2: Now you will have the divorce papers served to your spouse. You may do this with a couple of different methods, including waiver of service, but most experts agree a certified mailer with a USPS return receipt is the most sufficient method to serve your divorce papers. If your spouse is in the army then you will need to call around to find divorce lawyers who specialize in military divorces as this is a whole different process.What do you do if your divorce papers cannot be served? You will need to file a default finding. If your spouse is missing you will need to try to find them. You will need to document all methods that you have tried to find them.Step 3: An agreement has to be made such as how any property or past bills are split up. Verbal agreements cannot be enforced. You will need to make sure that you put everything in writing. You will put together a complete settlement agreement for the dissolved marriage. If you start to disagree or the whole settlement is falling apart it is time to call divorce lawyers. The marital settlement agreement is the last step to dissolving your marriage. Even if you both decide to forgo divorce lawyers you may want to have one look over your legal decree and point out any areas you both may have missed. Do not sign anything until you both completely understand the terms. Once this last document is signed your divorce can be finalized.Step 4: Upon the completion of the terms and the signing of the marital settlement agreement you will need to file it at the clerk of the courts. This document will be a part of your divorce decree once the judge agrees to both of your terms she or he will declare you officially divorced.These steps are just a generalization of the uncontested divorce process and are by no means all that you need to know, the only definitive way to be sure is to call around to different divorce lawyers and set up appointments.


No comments:

Post a Comment