What is a no - contest divorce? In simple terms, a no contest divorce means spouses agrees on all major issues that are involved while getting divorced. These include, but not limited to how they will share the parenting responsibilities, parenting time and child support. Agreement is also reached on duration and amount of any kind of spousal support, if any. A mutual understanding is also reached when it came to division of property and debt.
If the couple can reach an agreement, then it will be possible for the couple to file paperwork get divorced in a very brief time period. Do understand that a simple no contest divorce does not automatically mean that the process will be smooth. Simple no contest divorce means that by the time any paperwork has been filed with the Court, the parties have already agreed. This can be done via mediation, a parenting coordinator, even a collaborative process. Depending on the state of the relationship and how well the parties are communicating and agreeing, the process can be quick and easy. But even if it is not an easy process, there is no need to do it alone.
Most couples did not get married alone, and they do not have to get divorced alone. Most divorced couples get divorced once in their lifetime, which means it should be done right. This is a process that if it is not done correctly, may cause the parties to have to come back again and correct or modify the original agreement. However, there are definitely circumstances that are ideal for a do it yourself divorce; i.e. short marriage, no marital assets or liabilities and no minor children. Many courts in South Florida have a pro-se (parties representing themselves) division, which can help answer questions, without providing legal advice.
A simple no contest divorce is best when the couple has minimal assets and do not have minor child(ren). It can get a bit complicated if there are many assets and many debts to divide, or if the assets are complicated to divide, such as government pensions, or liabilities, such as mortgages needed to be split.
Cost savings is undeniably the best advantage of any simple no contest divorce. These divorces are usually much economical than contested divorces. This does not mean that simple no cost divorce is always an excellent idea. There are a myriad of professionals that can help, such as collaborative professionals, mediators, parenting coordinators, and yes, even attorneys. It may be possible to come to an agreement regarding some issues, such as assets and liabilities, then seek help for other issues such as a parenting plan or child support. Some law firms offer unbundled legal services and can provide help in simple matters, such as drafting a financial affidavit or just a child support worksheet.
Making the decision to do go forward alone with a simplified no contest divorce, is your decision to make. However, should you need legal advice, contact a licensed attorney that practices family law. Feel free to call us today at (305) 615-1005 and schedule an appointment.
Jarbath Pena Law Group practices all aspects of family law. We help families create their new beginnings.