Posted: 9/22/2011 8:38:14 AM EDT
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A good friend of mine is in the process of a divorce, and he and his wife decided on an uncontested divorce that doesn't involve the court system. What all does this entail, and is it possible to file an uncontested divorce without an attorney? They are currently separated right now, and are actually being very civil regarding the matter. They've sat down and agreed to terms, and haven't argued about any of the details. He wants this to be as peaceful as possible, and it has actually gone smoothly so far. Here are my questions. His not emotionally ready to file right now, and would like to wait a month or two. I have advised him against this, as there is no guarantee his wife won't go off the deep end in that time. Is it possible to get the terms of the divorce on a legally binding document without actually filing the divorce? Meaning, if they draw up an agreement on the terms, sign and notarize it with an attorney, will it be binding when they actually sit down for the divorce?
I obviously know nothing about this, so any assistance will be appreciated! |
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Probably state specific. Here in Georgia, nothing is binding until the Judge signs off on it. My ex and I did the uncontested thing, and while easy, there is lots of paperwork involved. Property division, debt division, children involved, financial asset division all need to be spelled out. We used a lawyer and it was still hectic.
He may not use a lawyer, but he will get the courts involved. We never had to actually go to court, but the lawyers did and the judge had to approve it. |
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Divorce law is purely a creature of state law and it depends on the state.
Most states make it relatively simple for parties to get divorced without a lawyer. There can be a lot of hidden pitfalls involved in a divorce regarding splitting assets, marital debt, potentially failing to waive alimony, impact on beneficiary designations, etc. Your friend may be better off spending a couple of hundred bucks and sitting down with a lawyer for an hour or so. |
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My ex-wife and I did it in Florida. No attorneys involved, but one of the rules is you had to have no children. Wife and I filled out the paperwork, filed it, and got our date to see the judge. We went into a little conference room and the judge asked if we both agree to what was in the filing. We agreed and he signed them right there. Was pretty simple. I think here it is called a "Simplified Dissolution of Marriage" |
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My wife and and I basically walked away. I thing she got a pack of forms at the drug store or something. Here is some info for Georgia that may help. In any case, you're right in thinking he shouldn't wait. It really won't get any easier, and one of her friends might convince her to lawyer up.
ETA: My youngest was 17, and it was stipulated that she would live with her mother, while I provided insurance. We also owned a house. I gave her half the equity and she signed it away to me. This was all done with a dissolution in Ohio. Same as above, went in a room with a judge and signed papers. |
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Quoted:
... he shouldn't wait. It really won't get any easier, and one of her friends might convince her to lawyer up..... What he said. There tends to be a fairly small "window of opportunity" before women get emotional and irrational. If your friend drags his feet until her friends/mother/support group/new squeeze fire her up and she lets a lawyer lead her into battle, he'll regret it. |