Separating two deeply connected lives feels overwhelming, especially if it’s not amicable. Every relationship is different, and your circumstances will determine how you file for divorce, divide property, and approach spousal support and child support.
If you need guidance with an uncontested divorce and you’re already a LegalShield® Member, your LegalShield provider law firm can advise you on how to start a divorce. Keep reading to learn more about how you can be prepared.
Get help from a professional as you prepare to file for divorce. You might be tempted to make sacrifices you’ll regret just to get through the process quicker. But this could have a permanent impact on your life. Someone who knows the law and has no emotional investment can help support you throughout the process.
Before you take any legal action, you can take steps to prepare for a divorce. You should follow this process as you get started:
Important note: This isn’t a good time to try to make any changes to accounts or things you own with your spouse. If you need help with anything jointly owned, talk to a lawyer before making any changes.
Where and when you file for divorce matters. Speaking with a lawyer first to help you with these choices is a good idea.
The first person to file for divorce is the “petitioner.” Being the petitioner gives you some control. For example, the divorce starts on your timeline, and you get to some choice on where to file.
Different states have different divorce laws, and you have to petition for divorce in a state where either you or your spouse lives. If you live apart, there may be a meaningful choice to make, and even if not, you’ll want to be familiar with your local laws or get help.
Uncontested vs contested
An uncontested divorce involves co-submitting a Complaint (or Petition) for Absolute Divorce (or Dissolution of Marriage in some states). A contested divorce uses the same forms, but you'll submit the petition along with a summons for your spouse to your local district court. Filing fees vary by state.
After you file, you’ll need to work out the terms of your divorce with your spouse. This might be straightforward if your split is amicable and uncontested. But if you and your spouse disagree, settling on terms can become difficult and may require you both to get legal representation.
In an uncontested divorce, you and your spouse may agree to a set of terms, often called a divorce decree. Both of you should understand the terms; if not, speak to a lawyer. Those terms should be in writing and signed by both of you. This document may be what is entered into court and approved by a judge.
In a contested divorce, you and your spouse will need to work out the terms through negotiation, mediation, or collaborative law (outside the court). Settlement agreements may include asset and debt divisions, spousal support, and child custody.
Regardless of the type of divorce, you can ask your LegalShield provider lawyer to make sure the documents are in order before you file.
Children come with custody considerations. You and your spouse will need to come up with a parenting plan and custody arrangement that is in your child’s best interests. This will likely also involve complying with your state’s child support laws.
Child custody typically focuses on two areas:
Courts may make decisions regarding this time based on the best interest of the child statute. This statute varies by state, but generally focuses on aspects that best promote the child's stability and well-being.
Finally, you’ll file your divorce decree with the court to officially end your marriage. You’ll do this in the court clerk’s office in the county where you filed the initial divorce petition.
Along with the divorce decree, you’ll have to file other divorce paperwork. This can vary by state and may include these documents:
Note: When you divide property in a divorce, you'll have to classify your assets as "marital" or "separate." A handful of states follow community property laws that mandate a 50/50 split of marital assets. Most states follow equitable distribution laws that seek to divide property in a way that is fair but not necessarily equal.
Your divorce is not final until a judge approves your divorce decree. A judge will review the decree for legality, fairness, and accuracy. If there are no problems, the judge will sign it. Your divorce is then legal, and the terms of the decree are legally binding.
Some states require a “cooling off” period between when you petition for divorce and when the court can grant your dissolution of marriage. This varies from state to state but is usually around 30 to 90 days.
The choices you make during a divorce can affect your final settlement, your financial well-being, your children, and more. Things to consider include:
There are different types of divorce scenarios that depend on your circumstances and ability to work through issues together.
Types of divorce include:
| Uncontested | Collaboration | Mediation | Litigation | |
|---|---|---|---|---|
| Can help | Low-conflict divorces and couples who can communicate without outside help | Couples who are willing to work together but want assistance and legal advice | Couples who can cooperate but need help communicating | High-conflict divorces that the court must resolve |
| Cost | Around $100 to $400 in court filing fees, more if you hire a lawyer | Around $7,000 to $25,000 per couple | Around $3,000 to $8,000 per couple | Around $10,000 to $30,000 or more per couple |
| Timeline | Around 1 to 3 months, depending on your state's "cooling off" period | Around 3 to 8 months, possibly less | Around 3 to 6 months, possibly less | Around 6 to 12 months or longer |
| Control | High — you and your spouse decide on terms together | High — you and your spouse work with your lawyers to reach a settlement | High — you get a say in the terms and can decide to accept or reject them | Low — a family law judge issues a legally binding ruling you'll have to follow |
| Privacy | High — discussions involve only you and your spouse | High — the process is private and confidential | High — the process is private and confidential | Low — a trial typically makes your finances and other information public |
Divorce can change your financial situation. Before getting divorced, it’s helpful to identify your monthly expenses and make a budget.
Before acting, you may want to speak to a lawyer about opening your own bank account, buying any assets like a house or car, or closing joint accounts.
To help protect your financial independence during a divorce, you could use an online service to monitor your credit during and for a while after your divorce or freeze accounts if necessary.
Hiring a traditional lawyer can give you legal advice and protection, but it also makes your divorce cost more. If you and your spouse can agree to the terms of divorce, you may be able to handle it without paying for expensive litigation.
But divorce is stressful enough without worrying about legal bills. With a LegalShield Membership, you get access to a provider law firm for a flat monthly fee. No hourly rates, no surprises.
Advanced and Premium plan members can receive uncontested divorce services after 180 days of service, with discounted rates from a provider law firm for other divorce matters.
And if you’re planning ahead, your provider law firm can also help with prenuptial and postnuptial agreements.
After a divorce is final, you may need to make some updates to your personal identification, accounts, and other documents:
You may also need to update your status from married to divorced and update your household income with financial institutions. Updating your emergency medical contacts and the people who can access your medical records could also be necessary.
Ending a marriage is difficult. You and your spouse will have to resolve many issues, and the terms you come to will be legally binding. A LegalShield Membership can give peace of mind that you have legal access. Our provider lawyers can advise you on how to start an uncontested divorce and see you through the process.
Learn more about a LegalShield Family Plan today.
Sources:
Content Specialist at LegalShield, creating educational resources about legal and consumer protection topics. She focuses on making complex legal and financial concepts accessible to readers and has contributed to various educational articles on consumer rights and protections.
It’s usually much easier for families to settle an estate with a Will than without one. The term for dying without a Will is intestate. When this happens, state laws determine the distribution of an estate, not the person who has passed or the people they care about. If you’re trying to settle an intestate estate, consider seeking legal guidance.
In this guide, you can find more information on conservatorship vs. guardianship, as well as alternatives to these options.
Unilateral is a common descriptor for contracts that means “one-sided.” Rest assured that in most situations, a lawyer can worry about contract interpretations for you, but read on to find out more.
A Beneficiary Deed is a legal document where you name someone to get your real estate after you die. In many states, it’s also called a Transfer-on-Death Deed (TODD). This type of deed can help property pass to a named beneficiary without the hassle of probate.
Your daughter just went off to college and became ill. She goes to the doctor, and they want to see certain records from her childhood, such as shot records. She calls you and asks you to call the family’s long-time pediatrician to acquire the records. No problem – right? You call, and the office tells you that since your child is 18, you are no longer allowed access to her records. Your child is an adult and as a parent, you have lost your authority.
In general, the answer is no, you can’t get a divorce for free. That may be disappointing news if you’re interested in a free divorce, but the good news is, there are ways to lower costs.
Let's walk through how much it costs to change your name by situation, what you'll pay to update your documents, and how to keep your total expenses as low as possible.
Before you decide what to do about a traffic ticket, take a breath and seek some advice. Every situation is different, so ask a lawyer to explain your options.
