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Frequently Asked Divorce Questions

 

What is an uncontested divorce?

An uncontested agreed divorce means that there is a mutual agreement between both spouses. Each spouse wants the divorce and both are ready to settle it on peaceful terms.

 

An uncontested default divorce means that one spouse wants the divorce and the other spouse doesn't want anything. He/She simply defaults on their end.

 

A contested divorce means that one party stands in the way of the divorce, either contesting the terms of the divorce or the divorce as a whole. This often turns into a expensive legal battle.

 

What should I do if my divorce is contested?
As you have probably noticed, most of the information on our site relates to uncontested (agreed or default) divorces. Your can consult a divorce attorney or find a way to settle the divorce without a legal battle... which should open up more options.

 

How long does an uncontested divorce take to do?
It depends on the laws in your state. Every state has a waiting period associated with divorce proceedings. Typically, from the time you file your divorce until the day that you are called into court to finalize it, there will be a waiting period of about 90 days. Since these laws and regulations constantly change, it is best to just call your local county court house and ask.

 

How much cheaper is it to get divorced without a lawyer?
When your divorce is uncontested and you are therefore able to do it in this fashion, the only expenses you have is the cost of the forms and court filing fees. A lawyer charges anywhere from $2500 to $4000 for an uncontested divorce. If you get a divorce without a lawyer, your total cost may be anywhere from $300 to $400.

 

Will our children, property, or debts be a problem?
Not as long as you can divide it all up on your own without litigation. The divorce forms will contain the official agreement (sometimes called Marital Settlement Agreement) between you and your spouse. It will be presented to the judge and he/she will make it official.

 

Can I do my own divorce if my spouse is missing or in the military?

If your spouse has abandoned you or is in the military (active duty), you can still get a divorce. You will have to file a few extra forms and possibly use an alternative method of serving your spouse. We will provide you with everything you need at no extra charge.

 

If your spouse is missing, you'll have to do something called "service by publication". You can do so by running an ad in your local area newspaper. That ad becomes your "proof of service" and proof to the court that you tried to find your spouse. There will be a 30 day waiting period during which your spouse is supposed to respond. If your spouse doesn't, you will be granted the divorce based on default. If your spouse does respond, how the divorce process continues will depend on whether your spouse agrees or contests the case at that point.

 

What happens at the hearing?
The judge reviews your forms and asks the parties present (you and/or your spouse) if you both agree to the terms of the divorce and the divorce itself. You may be asked a few other simple questions, but eventually the judge will sign the forms and close the case.

 

Will the court verify my residency information?
Most of the time, you will not be asked to do anything more than sign a statement. However, a court can ask you to verify your residency by requesting a copy of your lease agreement or copies of your household bills.

 

What happens if I file and get rejected by the court?

To prevent such things from happening, we won't take cases that don't qualify. If you order the service and our staff can't do your divorce... your card won't get charged.

 

Our work is backed by a money back guarantee that says: Any problems with the forms will be fixed at no charge and if we can't do it, you will get a full refund.

 

What happens if my spouse contests the divorce?
You then have to get a lawyer to proceed with the divorce or put the case on hold... The good thing is that you won't have to pay for divorce forms or court filing fees again since you would have already done that at that point. Your lawyer just picks up from where you left off and thereby you still save money.

 

 

If you can't find an answer to your question here, feel free to contact us .

 

 

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