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www.MyDivorceDocuments.com | Uncontested Divorce Questions Answered

uncontested divorce questionsContrary to popular belief, not every divorce has to be a drawn-out court affair with dramatic statements and ruthless negotiations. In fact, there are many ways to go about getting a divorce nowadays, and only a few of them involve nasty courtroom brawls. One of the easiest, pain-free ways to get a divorce is by getting an uncontested divorce.

What is an uncontested divorce?

An uncontested divorce does not involve lawyers, court battles, or rulings handed down by judges. Instead, an uncontested divorce involves the divorcing spouses sitting down and deciding for themselves how to divide their marital estate.

This is how it works: The spouses going through an uncontested divorce must either agree or be able to agree on how to resolve the issues brought up in the marital settlement agreement.

Points in the marital settlement agreement in need of resolution include:

  • division of assets (like checking and saving accounts, and profits from a shared business)

  • personal property (like home furnishings, electronics, and cars)

  • real property (like houses, condos, and apartments)

  • debts (credit card debt, mortgages, etc.)

  • whether or not to award spousal support, and how much to award

  • child issues (like child support, child custody, visitation schedules, and more)

How much does an uncontested divorce cost?

The cost of an uncontested divorce is quite minimal, since the divorcee doesn’t have to pay for a lawyer. In an uncontested divorce, you must only pay the filing fee (which varies from state to state).

However, the cost of an uncontested divorce can vary based on how you go about pursuing the divorce. These are your choices:

  • Fill out the forms yourself: The upside to filling out the divorce forms yourself is there is no additional cost. But the downside is that the slightest mistake or inconsistency in your paperwork can lead to your divorce forms being rejected, which would delay the divorce process.

  • Hire a lawyer: Some divorcees choose to hire a lawyer to fill out the divorce papers for them, which drives up the cost of an uncontested divorce quickly. True, the divorce papers will be completed correctly, but the cost is usually not worth the minimal labor.

  • Use a divorce forms service: A divorce forms service is not a legal advisory center or other type of legal aide; it is a company that specializes in completing divorce forms. These companies are usually a good option because the services do not cost as much as a lawyer, and the forms are completed by professionals.

However, be wary of false divorce forms services. Scammy divorce forms service companies usually do not have a method of contact on their website (like a phone number, address, or live customer support module). Before making payments to an online divorce forms service, make sure the website has a method of securing your payment.

Can we get an uncontested divorce if we don’t get along?

You and your spouse may not be the best of friends during your divorce, and that’s okay, even in an uncontested divorce. The divorcing couple may not stand the sight of each other, but as long as they can agree on how they want to settle the matters discussed in first section (division of assets, child issues, and more), they can get an uncontested divorce.

If during the divorce, the spouses find an area they cannot agree on, negotiate, or otherwise overcome, then they may have to seek mediation. If the divorce is at a standstill because of certain issues, then the divorce is considered contested, and the couple will have to hire a lawyer.

Is this helpful information, or is there a question about uncontested divorces we missed? Let us know in the comment box below.

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