Divorce FAQ's

Common Questions & Answers About Divorce

Frequently asked divorce questions:

uncontested or no fault divorce What is an Uncontested Divorce?

marriage annulment forms and information What is an Annulment of Marriage?

divorce attorney Do I need a lawyer to get a divorce?

how long will it take to get a divorce How long will it take to get a divorce?

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what is an uncontested or no fault divorce What does the term Uncontested Divorce mean?

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uncontested divorce forms What is an Uncontested Divorce?

An uncontested divorce is one in which the parties negotiate their own settlement rather than going to trial and letting a judge decide the divorce issues for them. Many people find that an uncontested divorce or no fault divorce will benefit them for several reasons. The divorce process seems to be faster and less expensive. The parties maintain control over their future by reaching their own decisions. The Court does not impose a judgment on them after a trial. The parties are also better able to maintain (or establish) a civil relationship if they are not involved in protracted litigation with all of the positioning and leverage that a contested divorce may invoke. The reduced hostility makes it easier for divorced parents to raise children together.

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marriage annulment forms What is an Annulment of Marriage?

An Annulment is a way of terminating a marriage that is different from divorce and separation. Annulment is the process of nullifying of a marriage where the court declares that the marriage never took place. In order to annul a marriage, the person seeking the legal action must have sufficient grounds for annulment. What follows is a list of a few of the requirements or grounds for annulment which must be presented to the courts to terminate a marriage in this way. Grounds for annulment typically involve one party's lack of capacity for marriage or some type of fraud. One ground for annulment is if one party had another living husband or wife at the time of marriage. This is valid even if the spouse knew about the other spouse prior to marriage. In some cases a person may have been legally denied the right to remarry, in which case this is sufficient grounds for annulment.

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do i need an attorney to get divorced Do I need a lawyer to get a divorce?

NO. You do not need to hire a lawyer, but it is a good idea to retain one if you and your spouse do not agree on the terms defined in your Petition For Divorce or if your spouse has a lawyer. If you are afraid for your safety or your children's safety, or if you want help with your divorce even if you started the divorce without a lawyer. If you are uncertain about your divorce forms or how to complete the divorce process yourself, it is often best that you speak with an attoney about your divorce case.

Every divorce case is different, and specific laws vary from state to state, but divorce cases generally follow one of two paths. The parties may reach an agreement, submit that agreement to the court in the form of a marriage settlement agreement for approval, and receive a final divorce decree ending their marriage and setting forth the terms of the divorce or dissolution of marriage they have agreed upon. If the parties can’t reach an agreement, the case will be scheduled for a contested divorce hearing, where a judge will consider evidence like financial records, witness testimony, and expert reports on issues like valuation of property and custody arrangements.

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do i need an attorney to get divorced How long will it take to get divorced?

The length of time it will take for your divorce to become final depends on several factors. Each state has its own waiting period before divorces can be completed. It is usually around 60 days. The clock on this time frame starts ticking when you file for your divorce in the court and they accept your divorce application and paperwork. You and your spouse may elect to waive this waiting period by completing a form stating that you have agreed on all aspects of your marriage and divorce and are ready to waive your right to this waiting period and move forward. Once you have completed this form and the court has accepted it, it will speed up the process of your divorce by not making you have to wait the mandatory waiting period. Your state will also have a minimum residency requirement before you can file divorce documents in court.

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where to find free divorce and marriage annulment forms online Where can I get free downloadable online divorce forms?

Our website offers all of the forms needed for an uncontested do-it-yourself divorce in your state for free. Select your state to download free printable divorce forms and papers with complete do it yourself divorce instructions. Each "do it yourself divorce" forms package includes easy to understand step by step instructions on how to file for divorce in your state without having to hire an attorney. Our online divorce paperwork and information packets for uncontested divorce are court approved and updated regularly.

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uncontested divorce What does Uncontested Divorce mean?

Uncontested Divorce means your spouse has agreed with what you have asked for in your Petition For Divorce or Divorce settlement agreement, or your spouse is not fighting your Petition For Divorce, or your spouse does not answer your Petition For Divorce before your court date.

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divorce costs How much will it cost to get a divorce?

The cost of your divorce will depend on many different factors. The main factor involved in how much it will cost for you to get divorced will depend on whether or not you and your spouse agree to all of the terms of your divorce.

When you bring your Original Petition For Divorce to the court clerks office for filing, you should expect to pay between $150.00 to $300.00 depending on your state and your county. You will also need to have several forms notarized. A notary public will charge between $5.00 and $10.00 to notarize a document. If you cannot afford to pay these filing costs you may complete a form stating that you cannot afford the filing fees for your divorce and the court will waive this cost for you.

If you are going to do your own divorce you will need to download the divorce forms and instructions kit available from our website. Print the divorce documents that you need in order to file for your divorce. Complete these divorce documents and sign them so that you may take them to your local family court and file for your divorce.

Keep in mind that divorce in general is complicated and even though you may think that you can handle your divorce on your own without consulting an attorney, it is always a good idea to have one look at the divorce documents you have created to make sure that everything is completed correctly. The courts may reject your forms if you have not completed them correctly. Ask a lawyer a question about your divorce forms, how to complete your divorce forms and or to review your divorce documents online.

When children are involved, other additional court expenses may arise if the court orders DNA tests or drug screens. These tests typically cost $125.00 for drug screens and $500.00 for DNA tests. If the court orders you or your spouse to submit to these tests, in most cases they will require you to take them the same day you appear for your initial hearing. Also, most often when children are involved in the divorce, the court will appoint an attorney for the children. This is done to have a neutral opinion on the children's best interests. The typical fee for the Ad Litem attorney is around $500.00. You are expected to pay this fee and any other court ordered expenses promptly to avoid the possibility of putting your case in jeopardy. The court may not allow you to wait until you get paid. Some judges may want to test to see if you have a support group with enough resources to act on behalf of the children in an emergency type situation. This will be the case even if you are able to get the judge to agree to an "inability to pay affidavit." This affidavit is only for paying the court cost for filing your petition and not the judges special orders. You will be required to pay for court ordered drug tests, DNA tests, parenting classes, Ad Litem legal fees, etc. if ordered to do so.