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.
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