Divorce is never a simple thing, but some situations can be less complicated and rancorous than others. If you and your soon to be ex can come to terms on your own and can be amicable throughout the process, an agreed divorce might be the best option for you.
What’s an Agreed Divorce?
You might be more familiar with the term “uncontested” divorce rather than agreed divorce. They boil down to the same thing – you and your spouse have come to an agreement on all aspects of the divorce without the court needing to be involved. This can include items such as:
- Property division
- Debt division
- Child custody and visitation
How Does It Work?
It’s important to understand that an agreed divorce proceeds a little differently from a contested divorce. How does it differ? First, both you and your spouse will use the same attorney. An experienced family law attorney will be able to draw up a divorce decree that spells out everything you and your spouse have agreed to and will go before the judge with you. You and your spouse will both need to sign off on the divorce decree before it can go to the judge, though.
In court, the attorney and the judge will run through a list of questions with you about the divorce, any children involved, and the decree itself. If everything is to the judge’s satisfaction, they will sign off on the degree at that time, meaning you have less time spent waiting, and you can get on with your new life that much sooner. However, understand that the standard 60-day waiting period does still apply with an agreed divorce.
It’s important to note that you should work with an experienced family law attorney even if you and your spouse are on amicable terms. The divorce decree must be structured correctly and include a range of essential items. Otherwise, the judge could deny the divorce, requiring you to restart the process once more.
Get a Fresh Start
Are you and your spouse thinking about parting ways amicably? We can help ensure the process is as smooth as possible. Contact the Blacknall Firm to learn more about an agreed divorce and whether this is the right option for your situation. You can reach us at 214-678-9111.