Posted: 9/30/2002 9:57:53 AM EDT
| Can you still have an uncontested divorce if you have a house? How do you handle the sale of the house? |
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Depends on what you mean by uncontested divorce. If you and your spouse agree on what belongs to each other, then you can get a paralegal to draw up documents to file fairly inexpensively. It's what I did and it only took a couple of months. It also depends on state laws. Is Colorado a community property state? If so, your spouse is entitled to 1/2 of it. Check with a buddy from CO who's been divorced, or with an attorney if you have money to spare. Good Luck! My wedding day was the 2nd happiest day of my life. My divorce was the happiest.[:D] |
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Yes, you can still have it uncontested if there's a house involved. "Uncontested" basically means that you're agreeing on everything. You can put the house on the market and the most common thing to do is simply split whatever proceeds come of the sale. Even if it's uncontested, you still want to get a lawyer to look everything over. |
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Divorce laws vary dramatically by state, I have no idea how it works in Colorado. Does Nolo Press, or any of those places sell a book on uncontested divorces? Here is the link to Colorado's state judiciary self help forms [url]http://www.courts.state.co.us/chs/court/forms/domestic/domestic.htm[/url] This is a booklet in adobe format to doing your own divorce, I think. It tells you what forms you need etc. [url]http://www.courts.state.co.us/exec/pubed/brochures/divwithoutweb.pdf[/url] I won't represent both parties to a divorce. At least in NY that's sort of asking for trouble down the road. I have gotten divorce settlements reopened where both parties were represented by the same attorney by claiming there was fraud, my client unfairly relied on the attorney to stick up for her blah blah. I'm probably a little prejudiced against the places that sell you divorce kits. I have seen them screw them up, not finish them, etc and charge as much as a cheapo lawyer would cost. I'd at least shop around for what a lawyer would cost you-if you live anywhere a semi large city I'd bet it's equal to or less than those internet companies. |
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I just went thru a "uncontested" Divorce. Make sure that you have a lawyer. If you both use one lawyer, before you sign, take everything to a different laywer, that represents you only, and have them look it over. I'll second that my divorce was the happiest day of my life. Five years of marriage only cost me $42,000. What a bargain.. |