Divorce by Agreement

If you are getting a divorce, you may wonder whether an uncontested divorce is an easy way out. After all, you don't have to go in front of a judge and make convincing arguments about why you should get the sofa and your husband should get the golf clubs. You don't have to re-enact the bitter custody battles seen in the movies. In an uncontested divorce, you just file your paperwork and your neat little agreement you and your spouse have come up with, the judge signs off and your home by dinner... but is an uncontested divorce really that easy?

Uncontested Divorce- Easy Way Out?

An uncontested divorce indeed may be easier than a standard divorce as far as court paperwork is concerned... but there is still a waiting period in most states before you can get a divorce. For example, in some states you need to live apart for a year, or even as long as two years, before you can get an uncontested divorce. In addition, both you and your spouse have to agree to file for an uncontested divorce and agree on the stated cause of the divorce.

The major obstacle to an uncontested divorce, however, is that you and your spouse have to agree on everything. This means you have to agree on distribution of property. You have to agree on custody. You have to agree on who pays what debts, who will get what, who gets a portion of the other person's pension (if anyone), who pays child support, and all other facets. As soon as there is one thing you can't agree on, from who gets the vacation house to how much child support each of you has to pay for junior, the divorce is no longer an uncontested divorce.

Even if you do manage to agree on everything and get a divorce agreement in place, there is often still a lot of specific legal paperwork you have to file with a judge. It isn't as simple as going to court and saying "OK, we're ready for a divorce." The forms have to be filled out in full and contain the necessary information and you have to follow all procedures of your local court for requesting the divorce and showing up in court.

Getting Legal Help

If you are considering an uncontested divorce, in the vast majority of cases, you still need to hire an attorney. An attorney can help you to ensure you get what you are entitled to in the settlement agreement and that you are treated fairly and that you and your spouse come to an amicable agreement. Your attorney can also help you file the proper papers in court so the uncontested divorce is granted in a timely manner.

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