There are 5 basic ways to get divorced. Today I’m addressing what’s called an uncontested or agreed divorce. This is the divorce when both sides are in agreement. Of all the ways you can get divorced, this process is probably the simplest, the least time consuming, the most affordable, and will minimize the stress on you and your family. If both spouses are in agreement, a quick review by a lawyer of the documents you’ve prepared will decide whether or not the documents will be approved by the court. But remember, one attorney shouldn’t really represent both of you. You should each have a legal opinion by a separate attorney to look at the documents.
What’s involved in an uncontested divorce? First, you and your spouse sketch an outline of your terms. Now remember, you need to consider everything, and this is the important part about whether a divorce is really uncontested or not. You have to think about everything you own, everything you owe, what your children’s custody arrangement is going to be, what your time-sharing arrangement is going to be, and how you’re going to deal with child support and spousal support. All of those issues must be agreed upon.
You then take that outline to a lawyer, and the lawyer will draft up the documents. Once you get those documents, it’s important again, as I said before, for you to perhaps seek counsel of your own lawyer to make sure that what is included in those documents is actually fair to you. If you’re not in complete agreement, but you’re almost there, it’ll just take a couple more attempts for the two of you to come to an agreement, and the lawyer can help you get to that final place. Once you’ve come to the final place, the lawyer will then draft the agreements or write them up. You’ll go to his or her office and sign them, and then they will be submitted to the court. In these types of divorce, the court almost always just signs the documents.