Divorce: Preparing for divorce & important considerations, uncontested divorce
Preparing for divorce can be a challenging and overwhelming experience. Whether you’ve made the decision to end your marriage or are simply exploring your options, it’s essential to educate yourself on the divorce process, your legal rights, and your financial responsibilities. This section provides educational material on how to approach divorce, optimizing your mindset, issues you should consider, uncontested divorces, the role of mediation, and more.
Articles Related to Preparing for Divorce
- Why should I pay for a divorce consultation when I can get one for free?
- Why It’s Dangerous to Represent Yourself?
- Why is it important that my lawyer practices regularly in my county?
- Why is it dangerous to be in denial when facing divorce?
- What You Should Know About Divorces in Massachusetts?
- Why might the wealthy choose to get divorced during a recession?
- I want a divorce, but I’m locked down with my spouse, what can I do?!
- Tips To Consider When Looking For Divorce Attorneys in MA
- Tips on Negotiating a Divorce Settlement
- Tips for Choosing a Divorce Lawyer Who Won’t Take You to the Cleaners
- The Divorce Process in MA
- The Dirty Little Secret of Divorce Lawyers
- How does a status hearing work in family law?
- spouse cheated on me divorce law
- How do same-sex divorces work in MA?
Video Related to Preparing for Divorce & Important Considerations
Should I mediate or go ahead and file my divorce?
I’m afraid my spouse won’t disclose all assets, what should I do?
How quickly can I get divorced?
How will I know my divorce attorney isn’t ripping me off?
I think my spouse is going to be ridiculous in divorce. Will I get attorney’s fees?
I want a divorce, but my spouse is going psycho, what do I do?
I’m getting divorced, and it’s getting tense in my house, what should I do?
I’m getting divorced, but want to change jobs, is that OK?
My husband won’t accept that I want a divorce, and I want him out immediately! What can I do?
How much should I invest in proving my spouse is cheating?
How do I reduce stress in divorce?
How can I make sure my divorce lawyer is making the right moves in my case?
How can I make my divorce easier?
How can I keep negativity in check?
How can I figure out what’s worth fighting for in divorce?
We’re heading for divorce, do I have to keep paying for everything?
How can a law firm make divorce easier for me?
Do I have to keep my money in joint accounts during divorce?
Can I change the locks on my annoying spouse?
Should I mediate or go ahead and file my divorce?
I think I want out of this marriage! How do I know if it’s time to move on?
Why is it important to get a support analysis in divorce before you start paying?
Do I have to pay my spouse’s attorneys fees because I have more money?
I’m getting a divorce and my spouse keeps gaslighting me, what do I do?
My loser spouse keeps getting fired, and I want a divorce! What should I do?
Should I negotiate my divorce with my spouse before talking to a lawyer?
Should I decline a pay increase right before divorce?
Should I hire a PI to prove my snake of a spouse is cheating?
FAQ on Preparing for divorce & important considerations
Immediately contact an attorney. You have 20 days to respond to the complaint with your position on the divorce and to make requests yourself – the document to file is called an answer and counterclaim. Although this deadline can be extended under certain circumstances, it’s best to act quickly. By the time you receive a divorce summons, you probably should’ve already contacted an attorney, but if you haven’t, you should certainly act quickly once you’re served to ensure you respond in a timely manner and begin to plan your strategy.
If someone refuses to sign divorce papers, the case continues until it eventually becomes time for the court to issue an order or a judgment. No one is forced to sign a divorce agreement. However, absent an agreement, the judge after considering evidence on the contested issues, will decide the issues.
There’s a range of anywhere from a few weeks to a couple of years depending on whether the divorce is contested and the complexity of the issues. An uncontested divorce is processed relatively quickly because there are no contested issues, so the case consists only of filing the necessary documents and having the divorce approved a few weeks later by a judge. A contested divorce, on the other hand, may be resolved within a few weeks if the parties come to an agreement, but it also may take much longer if contested issues require several hearings or a trial.
Gather as much financial information about your spouse as possible (paystubs, bank statements, tax returns, mortgage info, retirement and investment account info, etc.), keep a log of significant events that you may need to accurately recount later, and consult an experienced family law attorney as soon as possible. Some preparation and putting a reliable plan in place now can save you money and aggravation later.
A complaint is filed, the other party is served with a summons and a copy of the complaint, and the case begins. If an issue requires immediate attention (i.e. child custody/visitation/support or alimony), the parties may go to court for temporary orders. During the next phase, information – usually financial – is exchanged between the parties and there are negotiations. If the case is resolved, an agreement is signed and the divorce finalized. If any issues are unresolved, the case proceeds to trial.
This decision could mean the difference between walking away from a marriage with a favorable arrangement and financial stability or struggling for years to come. Use the internet to research attorneys: their reviews, qualifications, and past client experiences. Ask people you trust for recommendations. And hire an attorney that focuses on divorce practice.
It depends. Generally yes, but in some cases, no. In an uncontested divorce, the parties must file their documents in advance and are then scheduled for an uncontested hearing at which they must appear to finalize the divorce. The exception is that either party may request that the court waive their presence for that proceeding. Typically, this happens when one of the parties lives out of state and attending the hearing would cause a hardship. To make the request, the party must file a motion and affidavit with the court requesting permission to not attend the hearing.