Research suggests that about 22% of first marriages terminate within the first 5 years. There are many different causes for this including a lack of commitment and financial issues. If your marriage is ending, it’s easy to feel alone, but you’re far from it.
An attorney can lead you through an uncontested divorce so that you can save time, money, and emotional strife. However, even an amicable divorce will come with some common problems. Read on to learn what they are and how to solve them.
The Basics of Uncontested Divorce
In many divorces, the separated couple will fight with each other about the divorce. They will have different ideas about its terms. This may mean wanting to divide assets differently, wanting different distributions of property, or disagreeing about alimony or child support.
In these scenarios, the ex-spouses will meet in a courtroom with family lawyers. They’ll undergo litigations and disputes with the help of third parties, present their cases before a judge, and have the court help determine the terms of their divorce. This process often takes over a year and costs a small fortune.
Luckily, 90% of divorces are uncontested. An uncontested divorce is one where both parties agree on every possible issue including:
- Agreeing to separate
- How to divide assets and bank accounts
- Who gets what property
- Who will get to keep which pets
- What child custody arrangements will look like
- Whether alimony and child support are necessary
If this describes your situation, you’ll file a joint petition of divorce. You’ll also file a joint affidavit of irretrievable breakdown. Once that’s done, you provide paperwork, file the petitions for a small fee, and attend a court hearing for both you and your spouse.
The point of this court hearing is for the judge to make sure that both parties truly do agree. You must sign the paperwork freely and voluntarily. The court makes sure that this is the case.
Property Issues in Uncontested Divorce
It’s natural to have some disagreements about property distribution during a divorce. If you have a house you own, it will be challenging to decide who gets the home and who needs to move out. Generally, the person who moves out will do so in exchange for other assets like money in joint bank accounts.
Other property can be disputed as well. If you have automobiles and shared collections such as jewelry or books, you’re likely to argue about who gets those as well. The same applies on an even larger scale for couples that have to decide where beloved pets will live.
This can, of course, get messy. However, it’s in both parties’ best interests to keep the divorce uncontested and simple.
To do this, make sure that you hire an experienced and reputable family lawyer. They can sit down with both you and your former spouse to discuss assets and how to distribute them in a fair way that makes sense.
If you and your ex are trying to move things along uncontested, you need to work as a team. An attorney can keep you goal-oriented even when emotions are running high.
You and the person you’re divorcing also need to make time to create a plan and negotiate honestly. There may be things that are important to you that your ex doesn’t care about. And maybe something essential to them doesn’t matter to you.
Find a place to meet in the middle and negotiate with the help of your mediating lawyer.
Making the Process Easier
In addition to making time to negotiate and getting legal help, you also will want to gather forms and documents to make discussions easier.
Get all your financial information in one place. This will include the sums in all your personal and joint bank accounts, recent pay stubs, receipts for household purchases, and any money that has gone into shared children’s upkeep. It will also include properties you own and their value.
Having all the information laid out in front of you can help you make unbiased and fair decisions regarding money and property. You won’t need to guess what has financial value and what does not.
Talk with your lawyer and see if you or your ex-spouse are forgetting any relevant paperwork. Looking at finances and things you own can help you settle property disputes more calmly and efficiently.
Uncontested Divorce With Children
Of course, filing for divorce is more challenging when you have children with your ex-spouse. You’re going to negotiate custody, which can become difficult when both parents want to spend as much time as possible with the children.
Most custody agreements in uncontested divorces give both parties joint custody. This gives both parents equal control over choices made about a child’s upbringing.
It also lets the child split their time with both parents. For example, many arrangements leave a child with one parent during the school week and the other over the weekend. Others give the child to one parent during the school year and the other over school breaks.
Regardless of what you decide to do, you and your ex-spouse will need to negotiate a parenting plan. Create a timeframe together and fill out the legally-required child support worksheet. Make sure that a lawyer is there to mediate any conflict.
You will also need to discuss the financial aspects of caring for your children. This may mean that one parent gives the other child support. Again, you should discuss this with an attorney so that your agreement is ironclad, legally-binding, and easy to understand.
Get Started With a Divorce Lawyer Today
Now that you know how to resolve common issues related to uncontested divorces, it’s time to get started. Husker’s legal team is committed to providing you with top-notch legal assistance during your separation.
We will use our many years of experience to give you advice and expertise regarding your uncontested divorce so the process can go as smoothly as possible. Schedule a no-obligation consultation today to meet with one of our attorneys.
Do you need to hire a lawyer for your situation? We’re here to help. Schedule a consultation by calling us at (402) 415-2525 or by reaching out online today!
