Nolo's Essential Guide to Divorce - Emily Doskow [26]
Will You Need Help? ...............................................................................................................60
How to Start the Divorce Proceeding .............................................................................61
Which Spouse Files for Divorce? .......................................................................................64
Where to File ................................................................................................................................65
Finding Forms ............................................................................................................................. 68
How to Fill Out Court Papers ............................................................................................68
Preparing Court Documents From Scratch .................................................................70
Filing the Papers .........................................................................................................................73
Filing Fees .......................................................................................................................................73
Serving Papers .............................................................................................................................74
How the Other Spouse Can Respond ...............................................................................76
Negotiating a Settlement and Preparing a Marital Settlement Agreement .......................................................................................................... 77
How to Work Toward an Agreement ............................................................................ 77
The Big Issues ...............................................................................................................................78
Finalizing Your Uncontested Divorce ...............................................................................78
lthough we hear about people whose knock-down, drag-out divorce cases last for years and tear their families apart, most people manage to part ways with much less conflict. That doesn't mean that their divorces are free from emotional turmoil or disagreement-only that they figure out a way to move through all of that and complete the legal part of their divorce with some level of cooperation. In other words, they take the high road.
This chapter goes into the nuts and bolts of the uncontested divorce-a divorce in which you and your spouse figure out how to handle the big issues (property, support, and custody) yourselves, and don't fight it out in front of a judge. It will help you figure out what you'll actually need to do from the beginning of your uncontested divorce to the end.
Even if you're convinced that your divorce will be full of acrimony and conflict, please read about uncontested divorce. It's important to see that a divorce doesn't have to be that way, and you can also learn some useful techniques to minimize conflict. If you can manage to keep the process relatively civil, it will have huge long-term benefits for you, for your ex-spouse, and especially for your children.
Kinds of Uncontested Divorce
Basics of the Uncontested Divorce
You can file for an uncontested divorce if you and your spouse:
• both want to get divorced
• agree on how you will divide your property and debts, and
• agree on how you will share custody of your kids.
An uncontested divorce doesn't mean you'll agree on everything right from the start. It just means you'll decide the issues in your divorce yourselves, possibly with the help of a mediator or lawyer, but without needing to ask a judge to decide. Getting your divorce will mostly involve paperwork. Depending on where you live, you may not need to go to court at all; you may be able to do everything by mail.
You might want to have a lawyer look over your marital settlement agreement before you finalize your divorce.
The three steps in getting an uncontested divorce are:
1. File the initial