Are you looking for information about uncontested divorce? Most people will tell you that going through a divorce is the most stressful time of their lives.
Too many hours are spent arguing with their ex. On top of that, there may be a huge legal bill at the end of the fight. Neither party feels that they won. This does not have to be your experience.
There are alternatives to an all-out fight between you and your ex.
If you can work with your former spouse you can submit your application for divorce as an uncontested application. This means that you can agree to send in the paperwork together.
Alternatively one of you can send in the paperwork and the other can acknowledge that they are not opposed to the terms.
This process can save you the heavy legal fees of attending court to fight over your separation and divorce.
In these situations, you should still seek the aid of a lawyer to assist you with the process of formulating a written agreement. You can also get help with the paperwork and court orders that you and your former spouse wish to have.
Lawyers can assist with the following, which is not a complete list:
- family law
- the other party files divorce
- separation agreement
- contested divorce
- division of property
- child custody
- legal advice
- dealing with court orders
- joint application for divorce
- spousal support
- application for divorce
An uncontested divorce can be fairly quick and painless if the parties are able to agree to terms.
Uncontested divorce also relates to when one party has been served with the divorce application documents but fails to respond to them.
After a certain period of time, you can ask the court to waive your former spouse’s right to answer your application.
This happens if the delay is causing negative repercussions on your family property or your ongoing living situation.
The court will hear your argument as to why the case should be moved forward without your ex’s response. If you are successful the court can order that your application be dealt with as being uncontested by the other party.
This is not a typical practice however as most people will react to being served court documents.
They will then often fight you, especially if there are issues relating to spousal support and children involved in your legal matter.
For more information on how best to handle your family law matter, make sure to speak to a law firm.
Understanding Debt after Separation
Following your separation from your former spouse, you have to be aware of what joint debts you have. You also need to know your personal debt amount.
Does the couple have a joint line of credit or loan that they can access? Once the parties split up one of them might go after that money.
While joint debts will likely be dealt with through the course of your family law proceedings, it can be very stressful and hectic. You don’t want to need to increase the payment on a line of credit that your ex has emptied.
It can also be difficult to remove your name from these joints debts without a final order or agreement between you and your ex on how the debt will be handled in the future.
When in doubt about your debt, make sure you contact your lawyer as well as your accountant. You want to make sure you are on top of everything.
Application For Divorce
Throughout your relationship, you may choose to combine your credit cards. People often combine a line of credit or low-interest loan with their spouse so that day-to-day finances are easier to keep track of.
This can be a hectic situation to deal with once you have separated. Your first step should be to shut down as many joint accounts as possible. Remove as much as you can of the access your ex has to your accounts.
This can help freeze your debts to what they were at your date of separation. Also, ensure that neither of you can inflate your joint debts any further.
Secondly, you should contact your bank and inform them of your situation.
Ensure that they know that any suspicious activity from your ex, such as trying to cash cheques or make withdrawals from your accounts is not to be allowed.
You also need to be aware that any debts that are solely in your name will come into consideration as to your division of property.
Do you think your spouse should be responsible for a portion of that debt? You need to prove that the debt was incurred to benefit both of you or your family.
Make sure to discuss your post-separation debt questions with both your lawyer and your accountant. You can also ask more questions about uncontested divorce.
A little extra work now could play a huge role in saving you legal fees in the future fighting over things you didn’t bother to deal with as soon as possible.
Author: Alistair Vigier is the CEO of ClearWay Law