Simplified Divorce Petitions: Does Your Case Qualify?

The process of getting divorce used to require a lengthy court process that would involve proving that grounds for a divorce existed. Under these divorce laws, it could take several months or longer before a divorce decree would be entered and in some cases, the court could even refuse to finalize the divorce. Over the years, the courts began to realize that nothing good comes from forcing two individuals to remain married if both parties are not still invested in the marriage. The introduction of no-fault divorce laws and simplified divorce petitions soon followed.

Nowadays, it is possible to finalize your divorce in as little as one month when filing for a simplified divorce. In order to determine whether or not you qualify for this type of divorce petition, simply ask yourself the following questions.

Did Your Marriage Result In The Birth Of Any Children?

Simplified divorces are not designed to address the issues of child support and visitation. If any children were born during the time you were married, you will need to file a standard divorce petition with the court. For women, this will include children that were born to both you and your spouse, or children who were born to you as the result of infidelity.

This is because the law recognizes your spouse as the legal father of the child even if he is not the biological father.

Do You And Your Spouse Agree On The Need To Divorce?

While most states no longer require you to site grounds for divorce when filing a petition with the court, it is still possible for a spouse to contest a traditional divorce petition. Since simplified divorces are designed to help avoid a lengthy court process, these petitions cannot be contested. Instead, both you and your spouse will need to sign the petition stating that you agree upon the need for divorce due to the fact that your marriage is irretrievably broken.

Can You And Your Spouse Agree On The Terms Of Your Divorce?

In addition to agreeing on the need to divorce, you and your spouse will need to agree on the terms of your divorce in order to file a simplified petition. This includes the division of any assets, as well as the assignment of any debts.

If the only thing holding you back from filing a simplified divorce petition is the inability to agree on the division of your marital assets, you may wish to consider the use of mediation services. These services are often offered by reputable divorce attorneys and can help you to save a lot of time and money by avoiding a drawn out court battle by helping you through the process of negotiating a divorce settlement that both spouses can live with.

To learn more, contact a company like Hart Law Offices, PC with any questions you have.