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If you've decided to get divorced, you may be worried about legal costs, how much time it will take, and whether you're making the right move.
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After all, some people stay together for many years despite marital trouble. Yet not all divorces are expensive, stressful, or last for years. Some are quite amicable. An amicable relationship with your spouse, even after you've decided to go your separate ways, can lead to an easy divorce because it won't involve a trial. An amicable or even somewhat amicable divorce will often result in a quick divorce.
The divorce process does not have to take years or even months. If you're able to come to an agreement with your spouse about custody, visitation, spousal support, and division of property, your divorce can proceed through divorce court rather quickly. The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce.
This relatively fast divorce happens because all of the major issues have been agreed upon by you and your spouse. A contested divorce is one where the parties cannot agree on some or all issues.
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It may involve a trial, and it may involve lengthy settlement meetings. It may also involve digging into your spouse's finances, which takes a lot of time and energy. If you want to get a divorce fast , an uncontested divorce will help you do that. An uncontested divorce also will save you money in legal fees, will reduce stress, and will get you through the court system much faster than a contested divorce.
All states have some form of no-fault divorce , although in some states, like Louisiana, you have to be legally separated for a year or more before you can get a no-fault divorce. A no-fault divorce that doesn't require legal separation also can speed up your divorce because it eliminates the need to prove grounds for divorce, such as adultery, cruel and inhuman treatment, or abandonment.
A no-fault divorce prevents the parties from blaming one another for the end of a marriage. In most states, a no-fault divorce is accomplished by stating under oath—in court or in papers—that you and your spouse have irreconcilable differences or are incompatible.
If your divorce is a no-fault divorce, you can claim that you want a no-fault divorce in your divorce papers.
1. Have you made clear your concerns about the relationship?
A divorce can be both no-fault and uncontested. The divorce law in your state governs what needs to be filed and how long you need to be a resident before you can file.
If you're filing an uncontested divorce, it's a good idea for an attorney to check your marital settlement agreement to make sure it's fair to you and that it's not one-sided. Likewise, your spouse should hire an attorney to review the agreement.
One attorney cannot represent both of you, so you will need separate attorneys. If you know that a particular attorney takes a longer time than others to review papers, you're better off finding another divorce attorney. Many people go to Nevada to get divorced because it has a short residency requirement, which is measured in weeks rather than years.
Other states, like New York, have residency requirements of one to two years. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Whether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce.source link
Separating or divorcing: what you need to do
Search Term. Home Legal Information Family Divorce. What Happens in a Divorce? An overview of the basic divorce process. Step One: Filing the Divorce Petition Whether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage.
Step Two: Asking for Temporary Orders Courts understand that the waiting period for divorce may not be possible for all couples. Step Four: Negotiate a Settlement In cases where the parties have differing opinions on important topics, like child custody , support , or property division, both spouses will need to work together to reach an agreement.
Step Six: Finalizing the Judgment Whether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. If you are going through a divorce, talk to a divorce attorney to figure out your options.
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4. Would you really be happier without your partner?
Need a lawyer? However, divorce lawyers say couples often mistakenly think that there is a formula which is applied to the division of their assets. Current English law is far more discretionary and is based on what each party needs to live on and the principle of sharing assets.
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This means every case is different. We are all individuals and the ways we choose to live our lives are infinitely variable.
To achieve a fair result, all the competing factors and circumstances must be taken into account. Cyber security might not be the first thing that comes to mind when you are ending a marriage, but lawyers say divorcing couples need to take it into account. Lucia Clark, an international family law specialist at independent law firm Morton Fraser, lists some tips for protecting yourself online:.
Change your password Many people share passwords with their spouses, and assume that their ex will not stoop to sneaking a look at their inbox. Sadly, their optimism is often misplaced. The first password to change should be your email — when you change or reset other passwords, the link is usually sent to your email account, and that is no use if your spouse still has access to this. In addition, your ex will probably know the answer to your usual security questions, so these should also be changed if possible. A person guilty of an offence under this law can face up to 12 months in prison or a fine.
Are you still in sync? Be aware of synced devices. Apple products, for example, are often synced together so you can access information from various devices, such as an iPhone, iPad or laptop.
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