A divorce may go uncontested if there are no disagreements between parties over assets, custody of children and/or child support. If both parties can agree on who takes over the debts from the marriage, who retains which of the assets accumulated during the time of the marriage, who gets custody of the children, and what amounts of child support will be paid, then the divorce can be uncontested once the arrangements are documented by an attorney, and after a judgment of divorce is received.
An uncontested divorce is a much simpler process and it moves faster through the court system, but if there are multiple assets at stake, and children to consider, this may not be a realistic option. Often times, the issues of child support and the home that the family lives in, are objects of disagreement between the two parties involved. This is when you need an attorney to assist you in negotiating an amicable agreement that is reasonable for both parties to live with.
The problems that occur in most divorce agreements are the big issues between the parties involved. The things that people share in a marriage, that get split between in a divorce are:
1. Custody of the children: In a divorce, people must discuss the visitation schedule of the children, the holidays, summer vacations, and times of visitation. Look at the entire calendar year and prearrange the days in advance.
2. Child support: The child support amount is determined on how much the sole provider makes, and it is based on a percentage of their salary. In court, this percentage is not always negotiable, and it must be determined before the hearing. This arrangement will hold until the children have graduated high school, unless you amend the agreement later on. Child custody has several variances: legal custody and physical custody. Parents which have joint legal custody can make decisions for the children regarding education and medical care, when the other parent is not present. In joint physical custody, it means that the child has permission to spend time with the other parent, but the main decisions fall on the parent that holds legal custody.
3. Real Estate Assets: Each party involved must decide who gets to live in the home, and who will be making the payments. Temporary arrangements can be made if the primary support comes from the title holder of the home. In some cases, a title change is need for the home. This can be done through a re-finance, or selling the home and splitting the proceeds.
Other details to consider: motor vehicles, spousal support, medical insurance of the children, and college funds after graduation.
The person who files for the divorce is the petitioner and must be a resident of the sate for at least 6 months. The action has to be filed in the state and county of the respondent (the spouse).
Agreeing on all these legal details and making arrangements that both parties can agree on and live with, may seem difficult. If you need assistance with your divorce agreement, you may need to get legal assistance to be able to come to an agreement.