Divorce is the legal dissolution of a marriage and it can be made in many ways. How you apply for divorce depends on your situation, but there are three main options: uncontested, contested, and collaborative.
Uncontested divorces happen when both people agree to get divorced and they don’t need any help from attorneys or courts.
Contested divorces happen when one person wants to get divorced or has been served with divorce papers by their spouse.
Collaborative divorces occur when both spouses work together to create an agreement that will meet everyone’s needs while minimizing conflict. This article explores how each type of divorce is done in detail so you know what would best fit your situation!
Uncontested: How to Apply for Divorce
The first step in an uncontested divorce is usually filing a petition with the court. The petitioner (the spouse who files the papers) must be sure that their spouse has received notice of this action, which can be done by sending them an official copy of the paper via certified mail.
Once you have filed your petition, then it’s time to wait while the judge reviews everything before granting your request for a divorce decree. If there are no disputes over material issues like child custody or asset division, you may not even have to appear in front of a judge during this process! Uncontested divorces can take anywhere from about 90 days to six months or longer, depending on how quickly your local court processes divorce paperwork.
Divorce is never easy; however, uncontested divorces are an option for spouses who want a relatively quick and simple end to their marriage with minimal conflict over issues like property division and child custody arrangements.
Contested:
In this case, the petitioner files a summons and complaint before appearing in court. This is typically required when spouses are unable to come to an agreement regarding custody or division of marital property during negotiations with their spouse’s attorney. There will be two hearings- one for temporary orders (where child support is often decided) and another where you’ll appear in front of a judge for your final divorce decree.
Divorce can cost anywhere from several hundred dollars up to thousands depending on how long it takes your local court to process paperwork, whether either party needs legal counsel, what contested issues may arise between the couple, etc.
Collaborative:
Collaborative divorce is a process that allows divorcing spouses to work with their attorneys, financial experts, and mental health professionals in order to come up with mutually agreeable solutions.
Mediation:
In mediation, the parties negotiate directly without involving lawyers or going before a judge. A mediator helps guide negotiations between you and your spouse so both of you can reach an agreement on how assets will be divided and what support arrangements may look like for any children involved. This means less stress because more control over decisions made about your future as well as potentially saving money by avoiding court costs.
We hope this information on How to Apply for Divorce was helpful.
