Important Answers about Divorce

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Important Answers about Divorce - By: MIKE SELVON, Posted on: 2007-05-10

Though many people hate to admit it, divorce may be the only viable option for a healthy lifestyle. When considering a divorce, there are many other factors that play a role in this life-changing decision. It is best to take some time to research what is involved with a divorce and the effect it can have on your life. We hope to address some of the concerns that you may have about divorce and its detrimental effects.

What is an uncontested divorce?

An uncontested divorce is generally a divorce that the two parties agree on. They work out the specifics of their assets and split them up according to mutual agreements outside of court. With an uncontested divorce, there is no alimony, child support or custody issues.

Once a couple has decided to have an uncontested divorce, they need to put their agreement in writing and present it to their local courthouse. If the court deems that the agreement is fair for both parties, they grant the couple a divorce. An uncontested divorce is also quicker and the couple does not need to wait as long until it becomes final.

How do I file for divorce?

You can file for divorce without alerting your spouse by going to the courthouse and filling out the correct paperwork. If you want to be sure that you do everything correctly, the best thing to do is to hire a lawyer to file the papers for you.

If you are worried about your spouse's reaction, you can take care of the entire procedure and they will not even know about it until they are served papers. If they have a temper, this might be your best option so you can be away from the house at that time they are served so there will not be any immediate confrontations.

I've heard of common-law marriages. Is there such a thing as common-law divorce?

No, there is not such a thing as common law divorce. You cannot be granted a divorce simply by living apart from your spouse for an extended period of time. Most states required, at the very least, a written agreement submitted to the court that states your intention to divorce each other or of your intent to separate from each other.

In most states, common law marriage is a recognized form of marriage. This is not so with divorce, though. If you both agree to a divorce, contact a lawyer or your county courthouse to find out the very least you need to do to be granted a divorce.

My divorce is just a few weeks from being finalized. Is it legal for my spouse to remarry before the it's officially final?

Technically, yes. It is illegal to be married to more than one person at the same time. Until your divorce is absolutely final, marrying another person would be breaking the bigamy laws of many states. However, this is merely a technicality.

Most courts will not look at your second marriage as an outright disregard for their laws. If your spouse is getting married before your divorce is final, you can pursue legal action against them for breaking the bigamy laws, but chances are it will be a futile effort as these cases are rarely pursued by lawyers or the court system.

My spouse is serving in the Armed Forces. Can I still file for divorce?

It does not matter where your spouse is physically, you can file for a divorce. Whether they are in Iraq, prison, or anywhere else, you can file for legal divorce with the help of an attorney. Certain situations will make some divorce filings are tricky, so it is best to consult with a trusted divorce attorney to make sure everything is done correctly.

Some states have specific laws regarding this type of divorce, but a lawyer in your state will be able to answer all of your specific questions about it. Similarly, your spouse can file for divorce against you no matter where you are.

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