This is an example of legal advice. For personalized advice, please visit the divorce advice page.
Your divorce process can be straightforward since you and your spouse agree to divorce
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! Spouses are equal in terms of their rights in divorce. Either spouse: Can file for a divorceCan get child custody, or spouses can get joint custody. A spouse without physical custody receives visitation rightsCan receive alimony (spousal support). The general rule is that a spouse who earned less is entitled to alimonyHas rights to marital property that was acquired during the marriage. Marital property is divided between spouses according to states laws and a spouse's agreement or a court's ruling Couples that are usually qualified for a simplified dissolution of marriage include couples that: Don't have children born or adopted during your marriageDon't own many assets togetherDon't have many debts together Since at least one of these statements isn't true about your marriage, your case does not qualify for a simplified divorce procedure. However, your divorce process can still be uncomplicated since you and your spouse are willing to end a marriage and agree on all major divorce issues. You can file for an uncontested divorce procedure. It is one of the easiest ways to end a marriage. Some states allow couples to file for divorce via a Joint Petition, which makes the divorce process faster. It is a procedure where both parties file for divorce together instead of separately. A joint Petition for divorce procedure exists in states such as California, Colorado, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, Oregon, and Wisconsin. 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 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 signed by a judge. This document officially ends your marriage We advise you to contact a divorce lawyer to protect your rights during divorce process. Hiring a lawyer reduces stress, helps you achieve a better outcome, and mitigates further litigation risks.
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