Affordable Legal Advice from Family Divorce Lawyers

Uncontested Divorce

No divorce case is ever simple, but an uncontested divorce is hopefully a somewhat less painful option for couples. In an uncontested divorce, both parties have agreed to the divorce itself and the particulars of the split, including child custody, alimony, and the division of property. That agreement allows them to avoid a longer and more expensive court process, between lawyer fees and court costs.

With the details out of the way, the couple can file the necessary forms and their divorce settlement agreement with the court and wait for a judge to issue the divorce decree, which may include an order for a name change if one party wishes.

Reaching an agreement can be tricky when it comes to children and their care, or in the division of a greater accumulation of assets, so it’s useful to have a lawyer to review whatever agreement you reach or to help negotiate some of the points.

Separation

Couples that are considering a split can first opt for a separation instead of a divorce. Separation, and in particular legal separation, differs from divorce. A separation court order will divide your assets and set the terms of alimony, child custody, and support as would a divorce but the parties remain bound together even while leading separate lives.

Some couples opt for separation as opposed to divorce or annulment due to religious beliefs or a desire to keep the family unit together for the sake of their children, or for the more practical reasons of maintaining health insurance or other benefits that would be lost to one party through divorce.

Child Custody

The most important, and often most contentious, consideration of any divorce process is child custody. Each parent wants what’s best for their child, but there can be significant disagreement on what that means in terms of care, living arrangements, and child support.

Ideally, parents come together to reach an accommodation for custody that avoids a long and ugly battle, but in the event that they can’t agree, the courts will make the ultimate decision in the best interest of the child.

In determining custody, courts consider the relative fitness of each parent to care and provide for the child, as well as the relationship between the child and each of the parents and the preference of the child, provided they are old enough to give their opinion.

Legal Custody vs Physical Custody

There are two different kinds of custody:

• Legal custody is the right of a parent to make decisions about a child’s medical care, schooling, or other important factors in their life.
• Physical custody pertains to where and with whom a child is living.

Depending upon what the courts find, they may award sole legal and/or physical custody to one parent, or joint legal and physical custody to both parents, or some mixture of the two.

Divorce FAQs

Q: How do I file for divorce online?

A: There are services that offer the option of getting your divorce online, aimed at those who are seeking an uncontested divorce. However, arriving at the point where every issue is resolved can be tricky, and you run the risk of forgetting key issues if you take the self-help route with your divorce. Working with a lawyer can streamline your divorce process and reach an agreement that is fair and equitable.

Q: How much does divorce really cost?

A: Filing fees for divorces vary by state, and the other associated costs of a divorce, like court fees and lawyer fees, can quickly run into the tens of thousands of dollars, depending upon how contentious the divorce becomes. You can save money by agreeing to as many of the specifics as possible before heading to court, and by taking advantage of your LegalShield membership and its provider lawyers.

Q: What’s the difference between divorce and annulment?

A: While a divorce and an annulment have the same effect of splitting a couple, an annulment differs in that it asserts that the marriage was never valid, and essentially, it’s as if the marriage never happened. Though not common, annulments are sought on the grounds of fraud, misrepresentation, or other deception on the part of one of the spouses.

Q: How long does divorce take?

A: The amount of time it takes to finalize a divorce depends upon where you live and the type of divorce you’re seeking. Uncontested divorces are generally relatively quicker, whereas divorces that go to court with contested issues can take months or in rare cases, years to resolve.