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Stress, anxiety, and expense are typically experienced by a couples involved in the divorce process. “The Process” typically involves a long parade of lawyers, depositions, meetings, court time etc. etc. all in aid of separating couples from their money as well as each other.
Solution: Uncontested, Undefended, Do-It-Yourself: Divorce.
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A do-it-yourself divorce may be the answer if you and your partner are willing to dissolve your marriage with a minimum of antagonism, pettiness and last but not least expense.
A do-it-yourself divorce is available in all states of the USA and is known as an uncontested divorce and in the UK and undefended divorce in Australia. Provided you and your spouse can agree on the fundamental issues you will be able to file this type of divorce without involving the courts or retaining a lawyer or solicitor.
The Children Should Be the First Priority
You and your spouse must be in agreement on all issues concerning the care and custody of your children. This means you must be in clear agreement about who will have primary custody. You must also agree on a visitation arrangements for the non-custodial parent. Matters such as where and when visits will take place and for what length of time. Furthermore a sustainable schedule and amounts of child support must be laid out and agreed to in writing.
Division of Mutual Property
You and your spouse must be in agreement on a fair division of your mutual property.
If you own a house for instance, you must be able to agree on who will get possession of the house and on what terms. If you can not come to an agreement then you will be obliged to sell the house and divide the proceeds between you. The division of the common funds need not be an equal 50/50 split, as long as you both agree on an equitable sharing.
You must also agree on the division of all other mutual property as well, this will entail things like who gets the car, the Jet Ski and of course the dog. Take an inventory of all your mutual property and create a list. Next go through the list and discuss who will take what. If you and your spouse can perform these tasks in a civilized manner, you will be excellent candidates for a DIY divorce. You can make the procedure even easier by using an online divorce document service.
Should You File a Do-It-Yourself Divorce?
Do-It-Yourself divorce is not for everyone and if you can not agree on the fundamental issues then you will definitely need the services of a lawyer.
Some additional considerations to bear in mind:
Trust
Can you rely on your spouse keeping the agreements you will make, especially your agreed arrangement for child support and custody. If you can not be certain your spouse will keep up their end of the arrangement then it’s best to retain a lawyer.
Abuse
If there has been a history of spousal or child abuse during your marriage a do-it-yourself divorce should not even be considered. Furthermore if you or your children have been victims of abuse, retaining a lawyer is vital, and be sure to discuss the details of the abuse with the lawyer so they can properly advise you.
Do-It-Yourself Divorce May Be a Good Choice If You Qualify
Divorce, although quite common these days need not require lawyers or settlement in a court. If you and your spouse are able to maintain a civil and respectful relationship and respect and adhere to your agreements, you may find a do-it-yourself divorce an efficient means of ending a marriage and save the anxiety and expense of the traditional divorce process.
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