This is an example of legal advice. For personalized advice, please visit the divorce advice page.
You may qualify for a simplified divorce procedure
Yes, ending a marriage is challenging for both spouses. It involves not only emotional stress, but also dealing with numerous legal processes. But we're here to help! It's great to have a family law attorney helping guide you through this process. Couples that are usually qualified for a simplified dissolution of marriage include couples that: Are willing to get divorced and agree on all major divorce issues (division of property, child custody and child support, alimony)Don't have children born or adopted during your marriageDon't have significant assets and debts togetherHave been married for a relatively short time Your case may qualify for a simplified dissolution of marriage. Simplified divorce procedures (otherwise known as Summary Dissolution) exist in California, Connecticut, Florida, Illinois, Minnesota and North Dakota. In states, such as California, Colorado, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, Oregon and Wisconsin you and your spouse may file a Joint Petition for divorce. Filing a Joint Petition for an uncontested divorce makes the process of divorce faster and easier. Before filing for divorce, you should first check residency requirements in the state where you want to file for divorce. All states require that you, and sometimes your spouse, have lived a specific period of time in the state. The residential period is usually around six months, but some states have different requirements. To get a divorce through a simplified procedure, you should: Check if you satisfy the residency requirements of a state where you file for a divorceGet an index number (number of your divorce case) and pay the filing fee Gather and share your financial information with your spouse Visit a court’s website or a court itself for instructions and forms that need to be filled out Fill out court forms File court forms and your settlement agreement (if you have one) with a court. A settlement agreement tells a court how you intend to divide your propertyGet a Judgment of Divorce, a document that officially ends your marriage If your state does not have a possibility to file for a simplified divorce, you should undergo an uncontested divorce. An uncontested divorce means that spouses have agreed to divorce and have reached an agreement about all major divorce issues. To get an uncontested divorce, you should: Check if you satisfy the residency requirements of a state where you file for a divorceGet an index number (number of your divorce case) and pay the filing fee One spouse files a Petition for divorce (this spouse is called the petitioner) and necessary court forms for a petitioner that can be obtained from a court's website or the courtA summons and a petition should be served on the other spouse (this spouse is called the respondent) Respondent files an Answer to a petition and necessary court forms for a respondent that can be obtained from a court's website or from the court. When the Respondent signs the "Affidavit of Defendant" or defaults, it completes the uncontested divorce papersIf applicable, file with a court Income, spousal support, child support worksheets, and a parenting planFile a marital settlement agreement, separation agreement, or settlement agreement, if you have oneYour court may require you to attend the final hearing to ensure that all requirements are met. But since you undergo uncontested divorce, there won't engage in litigation Get a Judgment of Divorce, a document that officially ends your marriage Filing for a simplified divorce or an uncontested divorce is relatively easy, but if you are unsure how to proceed, we advise contacting a divorce lawyer. Hiring a lawyer reduces stress, helps you achieve a better outcome, and mitigates further litigation risks.
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