Uncontested divorce

by Dan
(TEXAS)

How exactly does the uncontested divorce process work? I am interested in this type, I have read a little bit about it and it seems to be an easier, pain free way to get a divorce.


Story - I have not been married a year yet and I would like a divorce.

Dan


Real-Divorce Comments:

Hi, Dan,
And sorry to hear you don't wish to be married after such a short marriage. If you want more information about divorce paperwork, be it DIY divorce paperwork or online divorce paperwork, please see the sitemap for a complete list of pages at Real-Divorce.com. Definitely read up on the differences between contested divorce and uncontested divorce.

You will most definitely want to contact divorce lawyers to find out what would be best for your situation. You can do that through word of mouth, the Yellow Pages, the internet, or through this site! Our attorney pages and every state page has the option to find local attorneys and ask questions online for free. Many readers find this invaluable to settle disputes quickly and quietly.

If you decide to do your paperwork yourself, it is totally do-able. If you use an online service, 3stepdivorce.com has mediation services included in their package; they are the only service that does this for no additional charge. And that is also a big help to readers here, who generally come here to read about how to get the most out of their divorce, but then find that something does need extra attention to work out. For the fee, you really get a lot of service.

Good luck working on the big decisions with your potential ex. Most states, whether equitable distribution or community property states, divide assets about 50-50, unless there is a really good reason not to. So, my experience is that it is best not to argue about stuff that is a moot point. Contact the courthouse where you live and ask if they can mail you the paperwork, generally called a Property Settlement Agreement or a Marital Settlement Agreement. Start to work on how you will divide all of your financial assets, such as your house, cars, cash, investments, retirement, etc...and time with children (but you probably don't have kids yet), and how you will split any debt that you have acquired. How will you handle health insurance, car insurance, and working?

Since you have such a short marriage, you most likely don't have much of an alimony issue, unless you have a lot of assets that she may wish to obtain. But do remember that once married, if you have a pension, it is possible that she may ask for it to be split 50-50 for the time period that you were married (like, if you get divorced after 2 years of marriage and you work 25 years, then she could be entitled to only 50% of the 2 years).

Generally, if you are seeking a divorce, you just type up a Divorce Petition. Mostly, you have to list yours and your ex's address and personal information. You list your grounds for divorce, which is the reason you want the divorce, and what you want to happen, such as the Divorce Decree. You include the Property Settlement as part of it, and sometimes the courts want that document ahead of time. There is a fee to the courthouse, usually $100-300 range.

Check with your courthouse about if you want to serve the divorce paperwork to your ex in person, but generally, many people let the courthouse do it for them. This is convenient in some situations, but can add time. Once served, your ex will have a set amount of time to respond. If she responds, then she can counterclaim what you are reporting in your original divorce petition, but don't worry, many issues get worked out right before going to the judge. Or, she may not counterclaim at all, and just accept the divorce petition as is. Either way, you get a court date and prepare for the BIG DAY. If she doesn't respond, then she is in default, and there is a procedure for that.

As for that BIG DAY, you will be asked to work out anything you haven't yet, or the judge will DECIDE FOR YOU. So, it's all really up to you, how you wish to handle your divorce. Do remember, that arguing back and forth about stuff is generally counterproductive, and wastes a lot of time and energy. Get to the real issues (your ex is demanding the couch or a certain dollar amount, because she is angry or she really wants to delay your leaving in the hope you'll change your mind, or some real psychological thing).

I hope I have covered most of what you asked, and if not, like I said, please visit the sitemap. Again, best of luck to you, Dan.

Jennifer at Real-Divorce.com

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