When it comes to getting a divorce with children, proceedings can get complicated. If you and your soon-to-be-ex don’t agree on custody, then you might need to have a contested divorce. Is it possible, though, to file for an uncontested divorce if you and your spouse agree to custody and so on? The answer is yes, it is possible to file for an uncontested divorce with children. If you are unsure about how to go about it, then you have come to the right place. This is all you need to know about how to file for an uncontested divorce with kids.
The first thing that you need to do is talk to your spouse.
If you would like to get an uncontested divorce, talk to your spouse. If you and your spouse can agree on child custody, visitation, and maintenance, then you can still file for an uncontested divorce. But you and your spouse need to agree first. If you do agree on everything when it comes to your kids, you can then file for your divorce. You then have a few options.
You can either opt for a DIY divorce or an online divorce. When it comes to getting a do it yourself divorce, you will have to go to your local courthouse and ask for the correct divorce papers. This will include a parenting plan as well as an “Allocation of Parental Responsibility” document. This form will allocate the exact responsibilities of each parent.
You will then need to fill out all the relevant documentation, collect supporting docs and fill out your parenting plan. A good idea will be to have a lawyer go through your paperwork to make sure that it is correct. Especially if you have minor children. Once your lawyer has read everything over, you can then file your divorce papers in court. You will also need to pay a filing fee, but this isn’t much. (It could cost $300, more or less, according to LegalZoom.
The second option, which is the easiest, is to use an online divorce service. The same applies, though. You need to agree on all the terms with regards to child custody and maintenance. An online divorce service is really easy to use. You need to fill out a simple questionnaire to see if you are eligible for an online divorce. Once this has been done, the company will then send you your divorce papers within 24-48 hours. You will then need to fill out all the documentation and your parenting plan. The great thing about using an online divorce service is that they have 24-hour customer care. So if you have any questions, help is just an email or call away. If there is anything that you don’t understand, the customer service team will gladly help you. They are all trained to offer sound legal advice. If there is something that does require a lawyer, then many of these online divorce companies offer lawyers. This will be at an extra cost though.
Using an online divorce company is also cheap. It is much cheaper getting a divorce over the internet than opting for the traditional route. On average an online divorce could cost you between $150 – $500 max. A contested divorce, on the other hand, can cost you between $15 000 and $30 000 per person on average. If you can rather have an uncontested divorce if you have children.
Another option is to go the traditional route and hire a lawyer to do all your paperwork for you. If you feel safer doing this, then that’s okay. A lawyer will cost more, though, because you will need to pay them per hour. Lawyers’ fees can be pricey, even for an uncontested divorce. Lawyers charge, on average, $250 an hour. The previous options will definitely be much cheaper, as an online divorce and a DIY divorce is inexpensive.
Why is an uncontested divorce a better idea? By filing for an uncontested divorce you will save yourself and your children a lot of stress. In contested cases, children are sometimes asked to testify against one parent (In cases of abuse this is necessary) but you can imagine the stress. When children see parents fighting this also raises their stress hormone cortisol. Besides that, it can be emotionally traumatic for children when their parents are fighting about them in court. You might be mad at your ex, for cheating maybe, but remember that your children love both of their parents. Therefore it is always better to come to an amicable agreement regarding custody of your children and visitation. It is different in cases of abuse, though. Then you will need to go to court to fight to keep your children safe. But if your ex is a good parent and loves their children, try to work together for the sake of your children.
Getting an uncontested divorce with children can be easy. As long as you and your spouse agree on maintenance and custody, then an uncontested divorce can work for you. Whether you hire a lawyer or use an online divorce service, always remember that your children’s happiness, security, and safety is all that matters at the end of the day.