Friday, November 23, 2012
Do Uncontested Divorce Forms Make Things Easier For You?
Marriage is a beautiful relationship of care, love and intimacy where both parties work towards the betterment of each other. When couples decide to marry, they obviously do not intend the marriage to end in a divorce. However, it is sad that many couples find that they simply cannot continue living together and must break apart. The emotional stress apart, the legal aspect of filing divorce papers can also be very intense and overwhelming. Uncontested divorce forms can make things lot easier if both parties are on the same platform.
Technically, you have the right to contest a divorce but you can also opt for an uncontested divorce if you want to save yourself the trouble of a long drawn out legal process and exposing yourself to scrutiny. The fact is that when you contest the divorce papers filed by your spouse, you will be grilled in court and believe it or not, it is not going to be a pleasant experience at all.
Divorce applications are defined as either at-fault or no-fault divorce. The law allows that you can file divorce papers simply on the basis of incompatibility and irreconcilable differences without providing grounds (reasons or faults) for filing divorce. Of course, if you choose to you can allege faults but you have to prove them in court.
Regardless of which type of divorce you choose, it depends upon you whether you wish to contest it or not. Uncontested divorce may be filed through uncontested divorce forms, a simple procedure that covers all the issues related to a divorce. You can file uncontested divorce forms on your own or let an attorney file divorce papers on your behalf.
Considering the fact that nearly 50% of the marriages in USA end up in a divorce, the law has made it easier for married couples by providing an option of filing divorce papers by completing simple but extensive uncontested divorce forms on their own.
In the event you decide to contest a divorce you have to be prepared for it. Contested divorce means that you need to be ready for attacks from all sides. It is a long and complex process of discovery. It involves formal systematic questioning, a process known as the interrogatory. Each party has to send a long list of questions through an attorney and the other has to answer under oath.
The interrogatory includes questions regarding your finances, properties held singly or jointly regardless of whether they were acquired before or during the marriage, all assets and sources of income, debts and any other financial matter. Each claim and counter claim is keenly contested with and attorneys from either side may ask for documentary evidence in support of each and every declaration made in the divorce papers.
This is followed by a process known as Deposition a pretrial interrogation where you and one or more witness are required to answer questions under oath. This is usually conducted in a lawyer's office. The case is then argued in court where the primary aim of the lawyers is to develop on the loopholes identified in the other party's claim and negotiate a better deal for their clients.
Uncontested divorce is a simple procedure involving filing divorce papers through uncontested divorce forms. The precondition to filing divorce of this type is that both parties should have agreed on all issues. In an uncontested divorce it is important that all issues are settled one to one. If that is not
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Posted by Rene at 9:00 AM