Online Do It Yourself Divorce Papers and Information

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FAQ's

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The Differences Between Contested & Uncontested Divorce:

In an uncontested divorce both parties in the divorce lawsuit must come to an agreement and have filled out and signed off on all the appropriate divorce documents stating that they have come to an agreement on all things related to the marriage and to the divorce.

In most uncontested divorce cases the parties only need to fill out a few simple forms such as a divorce settlement agreement, marriage settlement agreement or a petition for divorce form. Child custody and support agreement forms will also need to be completed if applicable. Both parties in the divorce must sign and file all of these divorce documents with the court for approval.

Once these documents have been approved by the court you will be issued a final decree of divorce outlining your obligations, rights and responsibilities that you and your spouse have set forth for each other in your divorce agreement documents. Your divorce case will then be closed and you will be officially divorced.

This form of simple divorce is the least expensive. It is best suited for people who have little or no assets or property to divide.

A simple uncontested divorce is still possible for couples with considerable assets and property, but all must be in agreement in order for the divorce to be considered uncontested.

If any children are involved in the divorce case, both parents have to come to an agreement on custody, visitation and support of the children.

In most uncontested divorces, it is not necessary for you to hire an attorney. The family court system only requires that you and your spouse meet the residency requirements of your state or territory, and that all of the divorce documents you file with the court are filled out correctly and signed by both parties in the divorce case.

Most family court systems have a waiting period which makes you wait a certain number of days before they will allow your divorce to become final. One of the benefits to an uncontested divorce is that you and your spouse may sign documents stating that you wish to waive this waiting period. This allows your divorce to be completed and final sooner.

Contested divorces however usually require the assistance of an attorney. This happens when the parties involved with the divorce do not agree or cannot come to an agreement on property, children, assets and other things related to the marriage. The courts will determine the things listed above if both parties of the divorce case do not reach an agreement.

Contested divorces usually take longer to complete and can become very expensive for both parties involved due to legal fees and other inconveniences like having to miss work to appear in court, etc.

Please keep in mind that you may only use our online divorce documents if you and your spouse both agree on all aspects of your divorce as mentioned above.

If your divorce is not going to be uncontested, or you and your spouse do not agree on all things related to your marriage and your divorce, it is highly recommended that you speak with a divorce attorney about your case. It is very important that you know and understand your legal rights. A divorce attorney can help you better navigate the divorce process in these types of divorces.

How Divorce Affects Children:

Divorce affects children in many different ways depending on their age and mental capacity to understand anything other than their world is falling apart as they know it.

Divorce affects children between the ages of 2 through early adulthood and could lead to long lasting anger and behavioral issues well into adulthood.

Younger children who are not fully able to understand what divorce actually is seem to be affected the most.

Tweens or children under 17 can also be affected greatly even though they are old enough to understand what is happening with their family.

Divorce affects children sometimes by giving them a false sense that the reason their parents are divorcing may somehow be their fault. Children may start to act out at school and be disrespectful at home. Keep in mind that they are just children and their actions are simply a way for them to show power in a situation where they currently feel powerless.

Children whose family is going through the process of divorce tend to act out at school, at home and or with friends. If you experience your child having difficulties at school such as getting in fights, being called to the office for disciplinary problems such as refusing to do class work or things of that nature, you may want to have your child speak to a counselor.

Most, if not all public and private school systems have information and resources designed to help you with your child(ren). Don't be ashamed or afraid to speak with the school counselor. They are there to help you.

Under no circumstances should the parents going through divorce downplay each other or talk bad about each other to the children or around the children despite what they may feel about each other personally.

This could harm the children and make them feel like they have to choose a parent or a “team” to play on if you will. In their minds everyone used to be on the same team and now the child is being told he or she has to pick a team to play on.

It is best for children in divorce cases when the parents have a working relationship for the children's sake. They should also allow and be allowed to be a part of the children's lives.

Each parent should live up to their obligations they set forth for themselves when they agreed upon the terms and conditions of the children in their child custody agreement. This is under the assumption that the parents have agreed to have an uncontested divorce.

In contested divorces, where the court determines the parents or guardians obligations and responsibilities the same general rules as outlined above should apply as well.

If you feel that you or your children need to speak to a counselor you may click here to see a list of organizations in your area that may be able to assist you.

Life After Divorce - Starting Over:

Life after divorce can be complicated for both you, your spouse and your children. This applies to both contested and uncontested divorce cases.

No matter if your divorce was contested or uncontested, the challenges of a learning new way of life and doing things on a different schedule and in a different routine can be challenging for any person. You, your spouse and your children will have to learn a new way of life after your divorce is final. This will be the case if you complete your own divorce forms or not.

Custody agreements that are outlined in your divorce settlement agreement will have to be honored and all support for the children and for the other spouse commonly called spousal support agreements will have to be honored as well.

Learning to live life with a new budget and with a new set of finances can be hard to get adjusted to for some people. In divorce cases where the mother or only one spouse was a "stay-at-home" parent, these adjustments can be even greater.

It is better that you and your spouse sit down and agree with each other about how you're going to budget money to support two separate households after the divorce. It is never a good idea for one spouse to take advantage of the other simply because they were a stay-at-home parent or spouse. This only serves to produce friction towards one another.

If your children have to go to a different school because the custodial parent decides to move to another school district or state this could be challenging for them as well. On top of dealing with all of the stress from the divorce of their parents, they have to make new friends and learn a new structure, a new school, among other things.

Once you have finally adjusted to your new way of life you may be ready to start dating again. A person whose marriage lasted for many years may not even know where to start to meet a new person. The most common thing newly divorced and diorced people use to meet new people is the online dating industry by using several of the online dating services and platforms available via cell phone applications and webistes.


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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grounds for uncontested or no fault divorce What does Grounds For Divorce mean?

cant find spouse to get divorced What if I do not know where my spouse is living or how to contact them?

free protection and restraining order forms and documents What can I do if my spouse is hurting or threatening me or my children?

free life and health insurance quote What happens with my health or life insurance benefits?

 

To view state divorce Laws and FAQ's CLICK HERE

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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. CLICK HERE to schedule a FREE consultation with a local divorce attorney in your area 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.

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

Register with MyDivorceUSA.com for free and get instant access to download online state specific divorce form papers and instructions. Each "do it yourself divorce" forms packet and kit includes easy to understand instructions. The online divorce paperwork and informational packets found in our online uncontested divorce forms library are court approved and updated regularly. You may also want to try these free divorce forms websites. Free-Documents.com - The-Divorce-Source.com.

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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. Click here to ask a lawyer a question about your divorce or how to complete your divorce forms.

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.

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free divorce attorney information Can I get legal advice from this web site or employees of the court?

NO. Only lawyers can give you legal advice. No one at this site or at court can tell you what to do about your divorce case. This means you cannot ask us, the judge, court clerks or other court staff for advice about your divorce case. If you do not use a lawyer, make sure that you learn about your rights and follow the steps outlined in your divorce instructions. Getting a divorce can be very complicated. Even if you cannot afford to hire a lawyer, you should try to speak with a lawyer in your area about what to put in your Petition For Divorce. Some lawyers will give you advice as you need it. This is called "unbundled services". Other lawyers are only available if you retain their services.

MyDivorceUSA.com offers a FREE divorce attorney finder. CLICK HERE to speak with a local divorce attorney in your area to review your divorce case. The service is free and with no obligation.

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grounds for uncontested divorce What does Grounds For Divorce mean?

Grounds for divorce is the term used to describe the reason(s) you are seeking a divorce. You can ask the court to grant you a divorce based on adultery, cruelty, abandonment, your spouse has been convicted of a felony offense and has been incarcerated. You have been living apart, or your spouse has been committed to a mental institution with little or no hope of recovery. These reasons are not all inclusive. If you are uncertain as to what grounds for divorce you wish to claim then you will want to consult with a licensed attorney or your local legal aid office.

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How To Get A Divorce What if I do not know where my spouse is living or how to contact them?

You do not need to know where your spouse is in order to get divorced. However you will need to complete a few special divorce forms which will prove to the court that you have done everything within reason to try and locate your spouse.

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divorce without finding the spouse What can I do if my spouse is hurting or threatening me, my children or family?

Every state has laws designed to protect victims of family violence whether they are getting a divorce or not. If you have already filed for a divorce, the court may grant you emergency orders to protect you and the children involved in your divorce. If you have not started the divorce process, you can apply for a protective order if you fear that you or your children are in danger. Your local woman's shelter, county attorney's office, district attorney's office or your local legal aid office can assist you in applying for a protective order. To locate the office nearest you and to obtain information on the various services they can offer please contact the National Hotline For Domestic Violence at 1-800-799-SAFE.

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file for a protection or restraining order What is a protective order?

It is a court order which protects you from someone who has been violent or has threatened to be violent. The court takes this subject very seriously.

file for a protection or restraining order How can a protective order help me?

A protective order can order the person for whom you are seeking protection from:

  • Not to hurt or threaten to hurt you, your children or your family.
  • Not to contact you or go near you, your children, other family members, your home, where you work, or your children's schools.
  • Not to have a gun or a license to carry a gun.
  • The police can arrest you or your spouse for violating protection orders.

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cost for filing a protection or restraining order How much will it cost to file for a protective order?

Usually nothing. There is not usually a fee for filing the application for protection.

Divorce Forms How do I ask for a protective order?

Fill out the protective order application forms available from our library. Take two (2) copies of them to the county courthouse in which you or the other person resides. If you have already filed for divorce or you have a custody case pending against the other person, you should file these forms in the same county where you live or the court where you have filed your divorce or custody case.

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free health and life insurance quotes What happens with my health or life insurance benefits?

Health , Life Insurance or Auto Insurance coverage may become an issue for you or your children during or after a divorce. It is now the law that you have health insurance for yourself and your children. You will have to pay a tax staring in 2015 if you do not already have health insurance coverage. If you are concerned about your health or life insurance coverage or you want to see what it will cost you for reasonable insurance coverage, you will want to look into the options available by shopping for insurance coverage. Internet insurance quote engines provide you the ability to compare multiple insurance rates from trusted insurance providers by filling out one short form. This makes the process of finding quality insurance much faster and at the same time providing you with many policies and coverage options to choose from. Most people can get a quality insurance plan for less than they think. It is even possible to save money over the rate you would have to pay for health or life insurance through your employer. Health insurance for yourself or your children could cost as little as $65.00 per month. Quality life insurance coverage may cost even less. Usually around $25.00 per month for $100,000 worth of coverage.

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You can find out exactly what quality insurance coverage will cost you by visiting one of the links below.

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Informational Purposes Only.

This web site is designed to give you general information. The information on this web site is in no way intended to be legal advice. Legal advice can only be obtained by a licensed attorney who has the appropriate legal skills and knowledge related to your specific circumstances.

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