Having so far a friendly seperation/divorce. If both parties agree on child custody, division of debt, etc... is it needed to involve the court system for divorce?
2007-07-25 08:25:34 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I would want it "legal", meaning, drawn up by a lawyer, sent before the courts, and approved. Don't take chances!
2007-07-25 08:40:48 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You should check with the civil case management office in the county where you live and ask for pro se divorce forms and ask some questions. The court needs to approve of the settlement terms, it sounds more like you don't want any attorneys involved. The court is the one who gives you the divorce, otherwise you are just separated and nothing is legal and binding. You should both at least consult with an attorney to know if what is being proposed is in your best interests. Good luck and God Bless.
2007-07-25 15:31:15 · answer #2 · answered by tersey562 6 · 0⤊ 0⤋
NO, NO, some of these people are really wrong. Tho you must use the courts, you do not need a judge.
Get divorce papers from any office supply place or the internet, to see what they look like. Hire a Mediating Divorce Attorney, who will fill the papers out for you.... the reason you want copies is so that you know what they look like, and it takes him less time,,,(time = $$). All he does is be sure to ask each of you the correct questions, and explain to you the subsequent outcome of your choices. He files for you, the court then sends to a divorce date when your divorce is final. Most such items cost somewhere between $75-300. Most states and counties have a filing cost of about $15. You can fill these out and file yourself, But I wouldn't recommend it.... for that small charge (ask before you go in what his fee is) you are assured that the correct questions to each of you get asked.... However, be sure that you each redo your wills. (The divorce papers will strongly advise you do to that, and I will too!!! If either of you dies with an old will in place, the surviving ex-spouse has headaches beyond your wildest nightmare...particularly if you have built an estate together, and you wish your ex to have it...at least in the early years, before either of you remarry.)
In most states, six months after filing, your divorce will be final....
Good for you two.. The only way to divorce is civilly.
2007-07-25 15:43:46 · answer #3 · answered by April 6 · 0⤊ 1⤋
Yes it needs to be noticed legally. Your leaving friends now and that is wonderful but when there comes a time for you to move on to other people you might not agree with what the other does or chooses. It is best to make sure your separated on paper as well other wise your going to still be tied together. It is for both of your protection and that of your kids in case it might get ugly later on. So do it NOW while your both in good minds to be friendly about it. Not later when thing might get nasty. NOTE: when I say legally I mean on paper with a judges agreement to it all. Not that you need to be in court and have it out there. Talk to a lawyer have them draw up the papers and you both sign it and have it notarized then the lawyer takes it to the judge and bam your done. No biggie.
2007-07-25 15:36:18 · answer #4 · answered by honeykoen1 3 · 1⤊ 0⤋
No, it's not.
You can either simply agree (as I did with my ex) and settle it that way.
Or, if you want to have some legal recourse if things DO go bad afterwards, you can write up an agreement and sign it, then register it with the divorce filing with the Court. This way, if someone "forgets" the right thing to do, the Court can remind them.
2007-07-25 15:29:15 · answer #5 · answered by Yahzmin ♥♥ 4ever 7 · 1⤊ 0⤋
Its best to have in writing and leagalized by the courts. Because what you agree on between the 2 of yo uminus the courts can change immediately after the divorce. I seen it happen with my ex friend. She stupidly made outside agreement with her ex regarding chid support and the car AND they didnt include it in the divorce. As soon as the divorce was final ..he stop payin child support and had the car repossessed. (it was in his name) She in turn had to take him back to court and they have been continuing going back and forth now and the divorce WAS final 2 years ago.
2007-07-25 15:29:33 · answer #6 · answered by Mean Carleen 7 · 0⤊ 0⤋
In my opinion yes. It will result in a legal solution. With out the courts, one of the parties could re-open the settlement in the future and change the result. The courts will allow for FINAL settlement.
2007-07-25 15:30:53 · answer #7 · answered by Willie J 5 · 1⤊ 0⤋
You can fill out a pro se divorce packet, available at your local district court. You fill it out together, sign in front of a notary, and pay a filing fee. IF you do it right and reasonably, the judge will sign and there's your divorce!
2007-07-25 15:38:49 · answer #8 · answered by A.C.Girl 4 · 0⤊ 0⤋
yes it is necessary to get everything in writing then that way no one can contest any subject. also u may skip the courts and pick two attorneys and let them do all the paper work as long as u both agree and payments and child support it will probably work for both of u. good luck and i hope this helps...
2007-07-25 15:31:48 · answer #9 · answered by THE UK WILDCAT FAMILY 10 6 · 0⤊ 0⤋
only a court can issue a divorce. YOu can certainly have all the issues resolved before you get to that point and save a ton of cash and time
2007-07-25 15:28:00 · answer #10 · answered by wizjp 7 · 0⤊ 0⤋