In the case where both parties have agreed on the divorce and want to do so amicably, the simplest way is to go through a mutual consent. Oklahoma divorce procedure saves time, money and can even be done with no engagement of a single lawyer. In order to proceed to a divorce by mutual consent, the procedure will depend on the form chosen by the spouses. It can be distinguished two cases,
In the case of a divorce by mutual judicial consent
The spouses must file a joint petition with the Family Court Judge of their place of residence. Then, the judge will summon the spouses for a hearing in which they will analyze the divorce application with each of them individually.
Finally, they bring them together by calling on the lawyer to finish the procedure. In the case of a divorce by mutual consent, the spouses do not go before a judge. They mutually recognize their divorce by an agreement signed by both parties and countersigned by their lawyers.
This agreement will be filed in the minutes of a notary.
Divorce quickly and amicably
Divorced previously took a long time to consider a separation but since the government has introduced a new amicable procedure you need a family law lawyer but the steps are much faster. This is possible thanks to the modernization of justice so you can divorce without necessarily going before a judge.
In relation to the old procedure, the lawyer has an important place because it guides you in the drafting of the convention so that you are not aggrieved. Privilege a lawyer experienced in the family field, because it has specific knowledge for these divorces they are simple or complex.
You are therefore not welcomed by a judge but a notary who has the heavy task of registering your application.You must not appear before this lawyer without a lawyer who can represent you.
Several divorces are known
The word divorce refers to the separation of the spouses but there is always a reason that motivates both parties to want to put an end to this common relationship.
A lawyer helps you to see it a little bit more clearly for misconduct, mutual consent, and alteration of the marital bond or acceptance of the principle of marriage breakdown.
Justice is often difficult to control, this lawyer specializing in family matters is mandatory because it will help you make the right decisions and not give in to the pressure of your former partner.
Conclusion: Lawyer less divorce procedure
Many husbands wonder how to start divorce proceedings without a lawyer. Indeed, the fees the lawyer’s fees are the main part of a divorce. However, asking for a divorce without a lawyer is impossible.
But you can now file the divorce petition without a lawyer and if your financial condition is week then you can get the help from the court to place the case in your favor. The intervention of a lawyer is mandatory, whatever the reason for the divorce.
Only in the case of divorce by mutual consent, spouses have the opportunity to take the same lawyer to reduce costs.
How to Get a Quick and Easy Divorce
Fill out a Summons. The first step in getting a divorce is telling the court that you would like to dissolve your marriage. The specifics of this will depend on your state and county, so contact your local court to obtain the correct papers.
- There may be additional forms such as a marriage petition, property declaration, or other declarations pertaining to your relationship. Make sure you have found all the forms necessary for filing in your state.
- Fill out the papers on a computer or using blue or black ink as clearly as possible. If you find the forms difficult to navigate you may want to consider hiring someone to assist you.
- If you and your spouse are separating amicably, agree which one of you will start the process as court proceedings usually have a plaintiff and defendant (or petitioner and respondent). It does not matter much, but the plaintiff may have slightly more to do.
- Some states do also allow Joint Petitioning, in the simplest cases.
If you have no children and little shared property, check if there is a marriage dissolution packet available at your local court.
Have the dissolution forms reviewed.
There are many states that offer free legal advice at family courts so take advantage if it is available to you.
- You can also consider hiring legal counsel to make sure the process goes smoothly. Some attorneys can be hired just to help with certain tasks, and in some cases paralegals can be hired to complete forms, so it does not have to be as expensive as you might think.
Make additional copies. Keep a copy of the summons for yourself. You will also need a copy for your spouse. The original is to be filed with the court.
File the papers. You will turn in the original as well as the copies to the county clerk. Your papers will be reviewed and, presuming everything is in order, stamped as «filed.»
- The court will retain the original summons and any other papers as the official beginning of divorce proceedings. They will return the copies for both parties to you with the «filed» stamp.
- This stamp means your divorce is officially underway.
Serve your spouse. Whether you and your significant other have been in contact during this process or not, the court needs to know that your spouse is officially aware that the divorce is a concern of the court.
- Your spouse can receive their copy of the papers from anyone over 18, other than you. It can be a friend or family member, or a hired professional server. The plaintiff is not allowed to serve the papers.
- In many states you can also deliver them by certified mail, as long as the other party is willing to fill out an acknowledgment of receipt form.
- For example, in Michigan the server can send the papers by certified mail
, although you are still not permitted to be that person.
- However, in Washington DC, service by certified mail is acceptable from the plaintiff.
- For example, in Michigan the server can send the papers by certified mail
File proof of service. If your spouse receives the forms from a personal server, the server has to provide you with a form attesting to this that can be filed with the court.
- If your spouse accepted service by mail, it may be your duty to file the return receipt with the court.
Decide with your spouse that you want to make an agreement. In order to get a quick and easy divorce in any state, you will need to write up an agreement with your spouse on all contestable issues. If you are at odds emotionally or practically from the start, it will be difficult to work out these details.
- In many cases it may be useful to hire a mediator to assist you even when things seems straightforward. A mediator is a legal professional who works for both of you.
- If you have children or complex finances you may also want to consider hiring lawyers to draw up your divorce contract even if you are in general agreement. The right lawyer does not have to make the divorce into a battle but can just make sure you are filing things to your best interests.
If you hire lawyers, each side should have their own, although they can still work amicably.
Reach an agreement about property distribution. You will need to decide who gets every piece of personal and real property that you, your spouse, or the two of you own.
- This includes but is not limited to bank and investment accounts, vehicles, and real estate. Anything which is legally owned would most easily be divided in half or according to the party whose name is on it, but sometimes married couples do not worry about putting names on property with a concern for possible separation. Be fair about the how the property was understood during the marriage.
- This also includes personal items, furnishings, gifts, artwork and memorabilia.
Divide any debt fairly. Debts accrued during the marriage should be divided between you and spouse according to each party’s ability to pay the debt, who incurred the debt, and how much property each party is receiving.
- A mortgage is often one of the most complicated debts to divide. If it is possible to sell the house, all that has to be agreed is the division of funds, but if one party intends to keep the house, they will have to keep the debt as well, and the bank has to approve that.
In some cases, the house may have to be sold even if that wasn't the original plan, simply because one party cannot shoulder the full mortgage alone.
- Credit card debt should be divided at separation, even if it is just onto other credit cards. Try not to keep your finances entangled. In some states, even credit card debt that is not in your name but that was incurred by your spouse during the marriage may be your liability.
- A mortgage is often one of the most complicated debts to divide. If it is possible to sell the house, all that has to be agreed is the division of funds, but if one party intends to keep the house, they will have to keep the debt as well, and the bank has to approve that.
Consider alimony or spousal support.
How to Get a “Quickie Divorce”
Marriage is a beautiful bond between two souls. When two people get married, standing by the altar, their hearts are filled with beautiful dreams. With happiness in their eyes, they vow to be with each other till eternity.
It is indeed a painful experience when a happy marriage turns insipid with time and begins to crumble with no hope to revive. Whether you are the decision-maker or the recipient, divorce is a distressing process for both the spouses.
When a couple decides to split up, they usually want to get it done as quickly as possible. They look forward to a quickie divorce!
Getting over the painful past, and getting past the emotional pain can take longer than you expect. Nevertheless, getting a quick divorce is still possible.
So, how to get a quickie divorce? How long does a quickie divorce take?
Getting a “quickie divorce” can be rather easy in some circumstances, but some states have restrictions that slow things down. Plus, children or substantial assets will often slow things down.
Cooling off periods slow divorce in many states
Most people today get what is called a no-fault divorce. That means the couple simply chooses to separate and end their marriage.
Usually, they just have to explain to a judge that they have “irreconcilable differences” and no longer wish to be legally bound together. And, you get a quickie divorce.
In many states, a couple also has to also live separately for a period of time before they can get a divorce.
This living apart requirement creates a “cooling-off period” where a couple is living separately but still legally married. Six months is a typical cooling-off period, though many states have no such requirement and many states have a longer time period.
In a state without this cooling-off period, quick divorces are possible unless there is property or children to deal with.
Are you still wondering, how can I get a quick divorce?
You can choose to resort to proper legal help to get proper knowledge about the cooling-off period in your state. Moreover, you need to do thorough research yourself to know the exact rules to make the fastest divorce possible.
Property and children slow divorce
When issuing a divorce decree, a judge must typically also settle any issues of property division and child custody. This is where the divorce really gets slowed down.
So, how to get a quick divorce?
To get a divorce done as quickly as possible, a couple should agree on how they want to split up their assets and ask the judge to just approve their agreement.
If a couple requires a judge to step in and divide up their property, then that court proceeding can take months or even years to be decided. This can be an impediment if you looking at obtaining a quickie divorce.
In order to get a fast divorce, couples can use negotiations between their lawyers or mediators to find an agreement before taking their proposal to court.
Shorter time periods for no kids
Courts that handle divorce are very focused on children. In many states, divorces are handled by a specific family-law court, and in others the general state trial courts handle divorce.
Children are a big concern because in most cases nobody is specifically looking out for the best interests of the child. Each parent is looking for the best possible outcome for themselves.
And, while most parents will do what is best for their kids a judge just wants to make sure that is the case and a parent is not using the kids for leverage. Because kids are such a complicating factor, many states offer faster divorce to couples without kids.
A quickie divorce is a stronger probability if there are no kids involved. So, if you are the couple with no kids, you can get lucky with getting the relief of separation as soon as possible.
It could be easier in another state
One way to dodge burdensome divorce requirements is to go to another state- any one of the quickie divorce states. The challenge with that is that in most situations only residents can file for divorce, and establishing residency can take many months.
Nevada became a popular destination for divorce when many states were still not allowing it, for example, because you can establish residency in Nevada in just six weeks.
According to a survey done by the American Bar Association, Nevada is still the quickest place to establish residency. Nevada requires a one-year separation, though.
So even in Nevada, a divorce may not be that quick unless you can convince the judge you have been separated from your spouse for a long time.
Wrapping it up
- If you are no longer able to tolerate staying together with your spouse, and if you are aiming for a quickie divorce, the foremost step is to do extensive research about the rules and regulations in your state.
- Eventually, it would be best if you take the help of a credible divorce lawyer to guide you through the tedious procedure of the separation process.
- Nevertheless, you can also consider couples therapy or divorce counseling before you make your mind to part your ways.
There are tough times when we see no headway and tend to give up. But, in such times, a reliable third party intrusion can overturn the tables for the greater good!
How to Get a Quick Divorce | legalzoom.com
How to Get a Quick Divorce by Ronna L. DeLoe, Esq.
By filing a no-fault, uncontested divorce with an agreement an attorney has reviewed, you can get a quick divorce. A quick divorce can save money on legal fees, and it also can save a lot of stress.
by Ronna L. DeLoe, Esq.
updated September 03, 2020 · 4min read
If you've decided to get divorced, you may be worried about legal costs, how much time it will take, and whether you're making the right move. But not all divorces are expensive, stressful, or last for years.
An amicable relationship with your spouse, even after you've decided to go your separate ways, can lead to an easy divorce because it won't involve a trial. An amicable or even somewhat amicable divorce will often result in a quick divorce.
It Is Possible to Get a Quick Divorce
The divorce process does not have to take years or even months. If you're able to come to an agreement with your spouse about custody, visitation, spousal support, and division of property, your divorce can proceed through divorce court rather quickly.
The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. This relatively fast divorce happens because all of the major issues have been agreed upon by you and your spouse.
Uncontested Divorces Take Less Time Than Contested Divorces
A contested divorce is one where the parties cannot agree on some or all issues. It may involve a trial, and it may involve lengthy settlement meetings. It may also involve digging into your spouse's finances, which takes a lot of time and energy.
An uncontested divorce, however, takes a lot less time because you agree with your spouse about:
- Child support
- Spousal support
- Division of property
- Division of debt
- Other issues, such as education and religion
- Life and health insurance
If you want to get a divorce fast, an uncontested divorce will help you do that. An uncontested divorce also will save you money in legal fees, will reduce stress, and will get you through the court system much faster than a contested divorce.
No-Fault Divorces Versus Fault-Based Divorces
How to Get a Quick Divorce ?
Whenever the matrimonial relationship sours and the couple individually starts heading north and south and if the path leads towards a court, then it is disastrous for the relationship.
Usually, the husband-wife relationship turns so bad that most of the case end in court as contested divorce cases.
As a norm and any contested divorce case would be considered as a normal civil case and will be meted out a similar treatment meaning it will have the similar stages and will follow the same trial procedures. One of the effects is confirmed that it will take lot of time to get the matter settled.
What is the meaning of contested Divorce?
A contested Divorce case is file under Section 27 of Special Marriage Act, 1954 for people who have done intercaste marriage or marriage under this Act.
Hindus file contested divorce case under Section 13 of Hindu Marriage Act, 1955 and Christians file under Section 10 of Divorce Act of 1869.
As it sounds the divorce process is contested meaning one party is asking for divorce and the other party is denying it and hence the fight continues in the court of law and goes on for a longer period of time till a conclusion is arrived at.
There are different grounds for filing a contested divorce. The Basic grounds are as follow;
What is the meaning of Divorce by Mutual Consent?
As the word itself suggests when both the husband and wife come together and decide “mutually’ to settle the matter and not to fight it out in the court of law hence file a joint petition together to end the marriage then it is called a Mutual Consent Divorce or MCD.
Filing a petition for a 'mutual divorce' would be appropriate if both you and your spouse are having to deal with marital issues and it has gotten to a point that both of you are looking for legal separation. Those who are married under the Special Marriage Act will be filing the case under Section 28 of the Act.
The Hindus file the MCD under Section 13 B of HMA and Christian file MCD under Section 10 A of the Divorce Act, 1869.
Consult mutual consult divorce lawyer https://www.vidhikarya.com/divorce-and-separation-lawyers
- The necessary conditions to file Mutual Consent Divorce
- While filing the mutual consent divorce you have to keep in mind the that you fulfil the following conditions otherwise the chances of getting petition rejected by the court will be higher;
- (i) The separation between husband and wife for at least a year or more.
- (ii) It's impossible for both spouses to live together.
(iii) Both the spouses are of the opinion and in fact, have mutually agreed that the marriage cannot be salvaged at all and therefore ought to be dissolved. Under these circumstances, filing a Divorce by Mutual consent would not only be appropriate but a necessary condition to carry on the life peacefully.
The place for filing a divorce petition
Where to file a divorce, case is the question and the answer to that question is dependent on the following three points;
Consult Divorce Lawyer in MUMBAI : BANGALORE : DELHI : PUNE : KOLKATA
Step by step procedure in case of Mutual Divorce
Step 1: Divorce Petition to file
At the outset, a petition for dissolution of marriage has to be presented to the family court or to the District Court by both spouses for a decree of divorce on the basis of not being able to stay together and therefore both spouses have consented to dissolve the marriage or they have been separated for at least a year or more. This joint petition has to be signed by both parties.
Step 2: Court appearance and petition inspection
Both spouses would have to make an appearance before the family court after the petition has been filed and at the same time the spouses would have to present their counsels/lawyers.
Upon critical observation of the petition along with all supporting documents by the court, the court may even try and reconcile the marital issues of the spouses.
If that fails then the matter proceeds to the next level for even further follow-ups.
Step 3: Decree for a recording of statements on oath
Once the court analyses the petition and it's satisfactory, it may decree the statements of the parties be recorded under oath.
Step 4: Between the passing of the first and the second motion a period of six months elapses
With the statements of the parties to the suit already recorded, the court passes a decree on the first motion. Thereafter, both the parties to the divorce suit get a period of six months prior to filing the second motion. At most, it would take 18 months from the presentation date of the divorce petition in the family court.
Step 5: Second Motion and the Final petition hearing
The penultimate step is that once the parties have made a mutual decision to pursue the proceedings and be there for the second motion, final hearings may ensue which includes recording of statement of parties in front of the Family Court.
Step 6: Divorce Decree
When the divorce is mutual, the consent is from both parties and therefore contentious matters related to alimony, child custody, maintenance, property, and so on are all taken care of or have been agreed upon by both parties. Therefore, a complete and absolute agreement between the parties is needed for finally deciding on dissolving the marriage.
After hearing the parties if the court is satisfied that what has been alleged in the petition are in fact true and that isn’t any possibility of the parties reconciling and cohabiting at all, the decree of divorce gets the court’s seal of approval, and the divorce is final.
Waiving off of 6 months Cooling Off period by the Court.
The Supreme Court recently has maintained that the period of 6 months allocation to the parties can be negated at the decision of the court. In other words, it’s the court’s discretion to override the six months’ time period.
Hence, the parties genuinely intending to reconcile their marital issues including alimony, child custody or any other outstanding issues, it can be waived off in these six months.
Even if the court’s opinion is that the longer the waiting period the parties would suffer more, in this case also the six months can be waived off.
Conversion of Contested divorce cases to MCD
How to Get a Quick Divorce in Wyoming?
“Preparation is half the battle.” This is true in getting a divorce too. Ironically, the more time and attention you devote to learning about local divorce laws and requirements and negotiating with your spouse, the faster your divorce process can go.
Still, the exact length and cost of divorce are hard to predict, as it depends largely not only on the state’s Family Law but also on the divorcing spouses themselves. So, let’s consider all of the relevant factors affecting the Wyoming dissolution of marriage timeline and find out how you can make this process as quick and smooth as possible.
Factors Impacting the Length of a Divorce in Wyoming
In general, divorce in Wyoming can take from as little as 30 days up to 18 months or more. Of course, it all depends on the grounds for divorce, whether the spouses have minor children, whether they contest the case or not, and many other circumstances that may arise at each stage of the divorce process.
These basic stages include:
- Meeting the residency requirements
Before filing the divorce petition, either spouse must have been a Wyoming resident for at least sixty days. Or, if the marriage was solemnized in Wyoming, either spouse must have lived there from the date of the marriage until filing for divorce.
- Choosing the grounds for divorce
Wyoming is a no-fault divorce state, so the petitioner (the spouse initiating the case) does not need to state or prove any specific reason to apply for divorce other than “irreconcilable differences.” The only exception is the incurable insanity of the spouse (confinement in a mental institution for at least two years before commencing the action). In such a case, proof is required.
- Initial filing for divorce
The petitioner must complete a Complaint for Divorce and other required divorce papers and file them with the Clerk of the District Court at the local courthouse. At this point, filing fees are charged, and the divorce procedure officially starts.
The petitioner must serve the other spouse (the respondent) with copies of the divorce documents following the Wyoming rules of civil procedure. After that, the respondent has 20 days to file their answer with the court.
Wyoming requires a mandatory 20-days waiting period before a couple can obtain a divorce.
In an uncontested divorce in Wyoming, you typically have to appear in court for a brief hearing before your divorce is finalized.
In some counties, you won’t have to attend a hearing unless you have minor children and ask for temporary child custody or support. In contrast, a contested divorce proceeding usually involves multiple hearings and takes more time.
Wyoming Statutes provides a framework for each dissolution case, establishing the residency requirements, legal grounds for divorce, waiting period, and rules for serving the paperwork which cannot be changed.
However, despite these limits, you still have an opportunity to save time and finalize the divorce as quickly as possible.
How can you do it? The more peaceful your divorce, the less time it will take.
Quick Divorce: What You Need to Know
When most of us think about divorce, we envision a long, drawn-out process that takes months or even years.
However, when a couple no longer wants to be together but can still agree on how to divide everything, they can usually get a quick divorce.
During a quick divorce, you will do most of your work own paperwork, rather than doing it in a courthouse, which sets it apart from traditional divorces.
This divorce method is also inexpensive, and a great solution for people who do not want to continue a marriage, but can agree on key issues present in divorce, such as custody, child visitation, and division of property. In this article, we will provide a comprehensive overview of what you can expect from your quick divorce.
You will learn that different terms can be used for quick divorce. Here are the different names you might hear for this type of divorce:
Both spouses agree on all divorce-related issues. You can end your marriage without the need for court hearings, a great deal of legal help, and seemingly endless negotiations.
In this civil divorce, both spouses agree on terms and conditions of property division, visitation, child support, spousal support, and custody.
As you can see, the definitions are nearly the same, just worded differently. However, it is important to note that these divorces do NOT mean spouses are friends after the divorce is finalized.
Uncontested Divorces are Faster
Contested divorces happen when parties cannot agree on major issues often discussed in divorce, such as asset division, property division, visitation, and custody.
Either spouse could dispute certain aspects of the divorce, which means greater costs in legal fees, longer proceedings, and more steps you have to take before you reach the finish line. When you take this route, you will also be dealing with a greater amount of stress.
You can expect to sift through a lot of red tape as you research your spouse’s finances as part of a contested divorce.
To give you an idea of what to expect during a contested divorce, you already have to deal with the complications arising from the conflicts you have with your spouse.
You can also expect a large amount of legal fees and a greater amount of stress. Then you will have to file a petition (a document asking for divorce and stating why the marriage failed), and serve it.
Next, your spouse will have to respond. Afterward, you will have to interview and hire an attorney.
“Divorce discovery” is the next part of your process. This term is used to describe all the information you have to gather from your spouse, as well as witnesses.
Once this phase is over, you will begin pre-trial hearings and legal motions, followed by settlement negotiations between counsels. If a settlement is not reached, you can expect to go to trial, which means more spending money and time. Finally, once the trial is finished, you or your spouse can appeal. And if this tactic does not work, divorce court will be your next stop.
On the other hand, an uncontested divorce means you agree with your spouse about the major issues that are usually discussed during a divorce, such as custody, visitation, property division, and spousal/child support. You also agree on the division of debt, educational and religious matters, and ways to handle life and health insurance.
You may think that because you have substantial assets or minor children, you may not be able to have an uncontested divorce.
However, the truth is that as long as you both agree on how to handle these issues, you should still be able to reach an agreement.
Even if you disagree on just one or two major issues, you can negotiate with one another, or even use mediation to help come to an agreement about an issue that plagues you.
You have the added benefit of a reduced amount of stress, too. Less money spent and less time in court means you finish faster. In addition, your children may feel less stressed out, and you will not have to explain as much to them about legal matters, which can already be painful.
While you will undoubtedly get through this process much faster than a contested divorce, you should know that you may have to be legally separated for a certain length of time before you can file. Therefore, be sure to check your state’s divorce law to find out what your requirements are.
What Happens During an Uncontested Divorce?
If you have an uncontested divorce, you may not have to go to court at all. You do not have to prove that your spouse was the reason for the divorce (such as committing adultery or cruel and inhuman treatment).
Under oath, you can claim (either in a courthouse or on paper) that you and your spouse are no longer compatible or have irreconcilable differences. These claims are sometimes referred to as “papers-only” divorces.
Once you have reached an agreement with your spouse about how you will handle issues involved in your divorce, you will file court forms and a “divorce settlement agreement.
” In short, this document lists any agreements reached by spouses about the major issues of their divorce.
Experts recommend that you hire an attorney to prepare your divorce settlement agreement for you, as he or she can protect your rights by making sure all appropriate legal provisions are included for you.
I can get a quickie divorce online, why use a solicitor?
If you and your spouse decide to end your marriage and have agreed how your financial assets are to be divided between you, then it is possible to sort out a divorce relatively quickly and cheaply.
There is no way to avoid going through the legal process of divorce to ensure your marriage is dissolved, but if you feel confident enough you may decide to do this yourself rather than instructing a solicitor to help you.
How much does it cost?
If you choose to conduct the divorce process yourself that is entirely your prerogative. Remember however that court applications and proceedings can be daunting, even if you are familiar with completing forms.
Before you take steps to issue divorce proceedings in order to end your marriage, you must be aware of the formal procedure which must be followed strictly to ensure no issues arise when filing the required documentation with the court.
Also, you must be prepared to file the correct fee with the court.
At present, the fee is £550 unless you qualify for a fee remission or fee exemption, in which case you will need to complete the appropriate form and file this with the court at the same time as your signed divorce petition. This will enable the court to assess your eligibility to either not need to pay the court fee or only pay a contribution towards it.
That sounds easy, so why should I use a solicitor?
Most people are not aware that the formal divorce procedure only legally ends the marriage bond created between you and your spouse; it does not end the financial bond created between you when you got married.
If you only pursue divorce and do not obtain an Order setting out what you have agreed about dividing your finances, you will be divorced from your spouse but still financially bound to them.
This means that all financial claims available as a result of your marriage will remain available, even after you are legally divorced.
Either of you will be able to claim against the other’s assets, income and pensions at any point in the future, whether you are both alive or even if one of you dies.
A family solicitor will be able to advise you on all of your available claims and whether your settlement is fair, navigate through the process for you, enter into negotiations with your ex-spouse if necessary and ensure that you finalise everything so that there are no issues in the future and you can move on.
How is an online divorce company different?
Obtaining a ‘quickie divorce’ online may sound enticing, but it is crucial that you check what is included in the package before you start the process. Most companies offering ‘quickie divorces’ will only help you complete the divorce paperwork and will not assist or provide any advice on reaching a financial settlement.
Is it quicker to use the online divorce?
Generally, no. If you are happy to conduct a do-it-yourself divorce, whether this is by filling out the forms yourself or using an online ‘quickie divorce’ website, the legal process will be the same as it is if you use a solicitor to help you.
In reality, even the quickest divorce can take between 4-6 months to finalise. The procedure itself imposes strict timescales that are unavoidable e.g. you must wait six weeks and one day between obtaining Decree Nisi and applying for Decree Absolute.
Most of the difficulties and delays in divorce occur when trying to divide the family finances. This is because it is usually not advisable to apply for Decree Absolute (the order which will dissolve your marriage) until you have secured a court order setting out the terms of your financial settlement.
How do you agree to divide the finances on divorce?
The best and certainly the cheapest way to achieve settlement is to negotiate with your spouse directly in the hope an agreement can be reached. If you do reach agreement, it is helpful to have at least one meeting with a specialist family solicitor to discuss the financial agreement reached.
Legal advice regarding the financial claims available to you will mean you are able to determine whether the financial settlement discussed between you and your spouse is fair, reasonable or in your best interests.
It will also tell you whether you have made all claims available to you as a result of your marriage.
If you decide after meeting with a specialist family law solicitor that you are still happy to proceed with the agreement reached between you and your spouse, then your solicitor will be able to draft an order or at least consider a draft financial consent order which legally records the terms of your financial settlement, before you sign it. You might decide that after obtaining advice that the agreement reached between you and your spouse is not in your best interests. A solicitor will be able to assist you in negotiating with your spouse or you will be able to propose an alternative for settlement in the hope you can agree arrangements between yourselves.
What happens when you have agreed the finances on divorce?
It is crucial after agreeing financial settlement with your spouse that you have this formalised by the court. A financial consent order is a legally binding court order setting out what the financial arrangements are.
It is absolutely essential that you have a financial consent order, even if it simply confirms that neither of you want to make a claim against the income, assets or pensions of the other.
Bear in mind that a quickie divorce will not normally include this option.
As explained above, getting a divorce does not end the ability for either party to make a financial claim against the other and there is no time limit for making a financial claim.
Without a financial consent order, you might obtain a divorce now but then in 1 year, 10 years or 25 years’ time etc your ex-spouse could make a claim against your financial assets, even if your financial situation has changed significantly.
There are risks that your ex-spouse may then receive a larger claim against your financial assets than they would have done if you had resolved the financial settlement at the same time as your divorce.
Contact us for professional advice you can trust
If you are considering divorce, whether you have thought about ‘quickie divorce’ or have already issued divorce proceedings, speak to our specialist family team for advice regarding the divorce process, financial settlement or the options available to you.