Easy Guide to Divorce

Introduction

LegalACE understands that the decision to get a divorce can be very emotional for any family. If you find that you are facing the breakup of your marriage, first let us say that we're sorry.

Here at LegalACE, our goal is to help make the divorce process as smooth as possible for you. That's why we offer legal document preparation services to those seeking uncontested divorces (whether there are children of the marriage or not). By using our services we can help by:

1. Greatly reducing the cost of your divorce;
2. Allowing you to access the paperwork online from the comfort and privacy of your home;
3. Providing you peace of mind that all your documents are processed completely and accurately according to your state's specific divorce rules;
4. and by Eliminating the need to hire an attorney.

All you need to do is answer the questions in our comprehensive divorce survey, and we will process all the paperwork based on the information that you provide.

Most of the questions are straightforward about things that you already have the answers to, such as your name, address, date of marriage, etc. Therefore, you don't have to have any legal expertise to complete the survey. But, if you find that you are unsure about any of the requested information, LegalACE provides helpful definitions and links to information that will help guide you as you work your way through.

What is an Uncontested Divorce?

An uncontested divorce is one in which you and your spouse have reached an agreement on each of the issues identified below and, generally, where neither of you are represented by an attorney.

While reaching an agreement on the details of each of these issues may take some careful discussion, once an agreement is reached, you will both save time, money and frustration. Another benefit of agreement is that many state courts allow you to move through the divorce process much more quickly because you won't have to argue your case in front of a judge.

In an uncontested divorce, the first thing that you must agree on is that you BOTH wish to move forward with the divorce. In addition to agreeing to move forward with the divorce filing, you must both agree on the terms of the following main issues:

In all cases, you must agree on:

• Division of Assets
• Division of Debt
• Alimony (Spousal Support) - even in the agreement is that neither spouse will pay alimony to the other

In Cases where you and your spouse have minor children, you must also agree on:

• Custody
• Visitation
• Support

What's the Difference Between a Divorce and a Legal Separation?

The main difference between a divorce and a legal separation is that, unlike divorce, a legal separation does not put an end to the marriage. This means that both parties are still LEGALLY married at the end of a legal separation and are not free to remarry as with a divorce.

Similar to a divorce, at the end of a legal separation, you get a court order that outlines the rights and responsibilities of each spouse. However, you remain legally married while choosing to live separate lives. Issues that can be addressed through a legal separation are the division of assets and debts, the issue of spousal support, and when there are children of the marriage, child custody, visitation and support.

The same issues addressed during the divorce process are also addressed through a legal separation. A legal separation can protect your interests while you are deciding whether to file for divorce. Your Separation Agreement can set precedence for the divorce that may follow. If you decide to convert your legal separation to a divorce proceeding, any agreements made through the legal separation process should carry over to the divorce.

Although a legal separation and divorce have many things in common, listed below are some considerations for obtaining a legal separation:

• It allows couples time apart, away from the conflict of the marriage, while deciding if divorce is ultimately what they want.
• It allows for the retention of medical benefits and the right to spousal military and/or social security benefits that could cease through a divorce decree.
• If religious beliefs conflict with the idea of divorce, couples may live separately and while retaining your marital status for religious beliefs.
• If the decision to divorce is made, the legal separation agreement can be converted into a divorce settlement agreement.

AFTER CONSIDERING YOUR OPTIONS, IF YOU FEEL THAT A LEGAL SEPARATION IS RIGHT FOR YOUR PARTICULAR CIRCUMSTANCES, LEGALACE'S CERTIFIED PROFESSIONALS CAN PROCESS YOUR LEGAL SEPARATION DOCUMENTS.

Divorce Laws Differ State by State

State laws may vary widely when it comes to divorce. Here are just a couple examples of those differences:

GROUNDS:

Some states still require that one spouse to prove grounds for the divorce by providing the court with your state's legally acceptable reason for the breakdown of the marriage (such as infidelity, for example). States that require this type of proof are called "at fault" states.

However, most states today view the cause for the divorce as legally irrelevant, and therefore, do not require this type of proof. These states are called "no fault" states.

LEGALACE CAN STILL HANDLE YOUR DIVORCE PAPERWORK EVEN IF YOU LIVE IN AN "AT FAULT" STATE, AS LONG AS YOU AND YOUR SPOUSE AGREE THAT YOU BOTH WANT THE DIVORCE.

Grounds for Divorce

Each state and jurisdiction has a unique set of circumstances - or grounds - under which a divorce may be granted by the court. When you file your Petition for Dissolution of Marriage (Divorce), you will be asked to declare grounds, and the judge in your jurisdiction will need to hear that one of your state's acceptable grounds has been met.

"No Fault" Examples:

1. Both husband and wife agree that they want a divorce
2. Incompatibility
3. Irreconcilable differences
4. The Marriage is Irretrievably broken

"At Fault" Examples:

1. Abandonment
2. Drug or alcohol addiction
3. Incarceration
4. Infidelity
5. Physical or mental abuse

NOTE: These examples are for reference only and are not meant as an exhaustive list

SERVICE OF THE DIVORCE PAPERWORK WHEN YOU CAN'T LOCATE YOUR SPOUSE:

When you are unable to locate your spouse, some states may still grant your divorce, but may first require you to "serve" your spouse by "publication" through posting a legal notice in a local newspaper.

EVEN THOUGH EACH STATE'S LAWS MAY DIFFER, YOU CAN REST ASSURED THAT LEGALACE ADDRESSES EACH OF THESE DIFFERENCES THROUGH ITS ONLINE SURVEYS THAT ARE ADAPTED TO MEET EACH STATE'S SPECIFIC REQUIREMENTS.

Completing the LegalACE Divorce Survey

Once you have decided to move forward with an uncontested divorce (or uncontested legal separation) and have determined that LegalACE can assist you, the following information will be helpful to begin the LegalACE Divorce Survey:

• Date and location of Marriage
• Property Owned Jointly and Separately
  • Asset Value
  • Debt Amount
  • Date Acquired
• Details of Alimony Arrangements (if any)
• Issues Relating to Children
  • Custody Details
  • Visitation Schedule/Agreement
  • Child Support Details

Summary

LegalACE can help with the preparation of your uncontested divorce or legal separation documents.

Just click the "Create Account" link at the top of this page to get started or give us a call Monday through Friday from 9am to 6pm Arizona time at (866) 434-3706 and one of our certified professionals will be happy to walk you through the survey.