It is estimated that upwards of 95% of divorces in the US are "uncontested," because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property, deal with the custody of their children.

A divorce is the most common way of terminating or breaking the marriage contract. Some states call divorce, the “dissolution of marriage.” In a divorce, a court declares the marriage contract broken, divides the couple’s property and debts, decides who is to receive alimony, and finds out the custody, support and visiting obligations with respect to any children the couple may have. In the past, a divorce could only be granted under very specific circumstances, such as adultery or mental cruelty. Nowadays, however, many states allow a divorce simply because one or both of the parties want one. This is referred to as a no-fault divorce. Typically, the complaint or petition only needs to mention that the marriage is “irretrievably broken” or “irreparably broken.”

Divorce Law:

The basic divorce law in most states is simple and straightforward.

The following criteria need to be shown in order to get a divorce:

1) Your marriage is broken. You merely need to state this fact.
2) You need to show how your property is to be divided.
3) You need to decide custody and support of your children.
4) Who is to receive alimony? How much, and for how long?

The divorce process itself requires three basic steps:

1) You need to file a petition with the court clerk.
2) You need to notify your spouse.
3) You need to go to the hearing and present the information required.

What is an "Uncontested" divorce?

An uncontested divorce is one in which the parties negotiate their own settlement rather than going to trial and letting a judge decide the issues for them. Many people find that an uncontested divorce will benefit them for several reasons. The process seems to be faster and less expensive. The parties maintain control over their future by reaching their own decisions. The Court does not impose a judgment on them after a trial. The parties are also better able to maintain (or establish) a civil relationship if they are not involved in protracted litigation with all of the positioning and leverage that a trial may invoke. The reduced hostility makes it easier for divorced parents to raise children together.

Do I need a lawyer?

You do not need to have a lawyer, but it is a good idea to retain one if you and your spouse do not agree on the terms defined in your Petition For Divorce or if your spouse has a lawyer. If you are afraid for your safety or your children's safety, or if you want help with your divorce even if you started the divorce without a lawyer.

What does "grounds for divorce" mean?

Grounds for divorce is the term used to describe the reason(s) you are seeking a divorce. You can ask the court to grant you a divorce based on adultery, cruelty, abandonment, your spouse has been convicted of a felony offense and has been incarcerated. You have been living apart, or your spouse has been committed to a mental institution with little or no hope of recovery. These reasons are not all inclusive. If you are uncertain as to what grounds for divorce you wish to claim then you will want to consult with a licensed attorney or your local legal aid office.

What if I do not know where my spouse is living or how to contact them?

You do not need to know where your spouse is in order to get divorced. However you will need to complete a few special forms which will prove to the court that you have done everything within reason to try and locate your spouse. These special forms and instructions on how to fill out these forms can be found in our library.

What happens with my health or life insurance benefits?

Your spouse may not be required to provide health or life insurance coverage for you or your children. This would be determined by the court. If you are concerned about your health or life insurance coverage or you want to see what it will cost you for reasonable insurance coverage, you will want to look into the options available by shopping for insurance coverage. Internet insurance quote engines provide you the ability to compare multiple insurance rates from trusted insurance providers by filling out one short form. This makes the process of finding quality insurance much faster and at the same time providing you with many policies and coverage options to choose from. Most people can get a quality insurance plan for less than they think. It is even possible to save money over the rate you would have to pay for health or life insurance through your employer. Health insurance for yourself or your children could cost as little as $100.00 per month. A quality life insurance policy could cost even less.

You can find out exactly what quality insurance coverage will cost you by visiting DirectConnectInsurance.com and requesting a free online quote.

DISCLAIMER:

This web site is designed to give you general information. The information on this web site is in no way intended to be legal advice. Legal advice can only be obtained by a licensed attorney who has the appropriate legal skills and knowledge related to your specific circumstances. Click here to receive free no obligation information from attorneys in your area.