Saturday, April 21, 2012
Uncontested Divorce - The Basics
If you and your husband or wife have decided that you want to get divorced, you want the legal process of dissolving your marriage to be as simple as possible. If that is the case you will want to know more about uncontested divorces, which have a number of benefits for both of you. Here are some basic ideas and suggestions, as well as information about uncontested divorce that will help you move forward.
First of all you should be aware that an uncontested divorce doesn't necessarily mean you agree on the reasons for the divorce. It is not the same as a 'no fault' divorce. What it means is that you and your 'soon to be ex' have agreed that you want to get through it in a civilised way. It means that you have agreed that the property acquired during the marriage is being divided fairly along with any savings, pensions or debts. You should also both feel that the separation of assets pays attention to the needs of each of you. You may want to get a lawyer to check over the finer points if your finances are complicated but if not, you can get uncontested divorce forms online. If you can negotiate the terms between you it is far less traumatic and much cheaper.
One key point is that you should take your time. You should never rush the process, having an uncontested divorce usually speeds up the process dramatically, even when you take time to negotiate. You can usually sort things out in a few weeks whereas some contested divorces can go on for months with bitter arguments causing upset, especially to any children involved.
There are many advantages to an uncontested divorce, one of which is, undoubtedly, the cost. An 'uncontested divorce' means that both of you agree to all the terms of divorce, which means you don't have to pay for additional court fees or even pay an attorney for the extra time they would have to spend on sorting out the division of y our assets. This can be very helpful if money is tight as you don't have to spend large sums of money going to court. You could perhaps save it towards your living expenses after the divorce or for your children, or some of the larger expenses that you may not foresee when you are first on your own.
If you do decide to opt for a lawyer, you need to remember that your family lawyer cannot act for both of you, even if the divorce is uncontested and fairly amicable. One of the things you should decide early on is which of you will use the family lawyer, unless you both decide to go elsewhere or to do it yourself. Your lawyer will meet with you to sort out all the documents that are involved in getting a divorce. You will the opportunity to see what is in the documents before they go to your spouse and then to the court. The more you can sort out beforehand, the better it will be. There may be times when both of you will have to meet with your respective lawyers to go over the terms of your divorce, even if you have agreed the terms if there are complicated matters to sort out.
The key thing is to keep open the lines of communication so that your divorce can be as simple as possible.
Article Source: http://EzineArticles.com/4995578
Posted by Rene at 12:18 PM