What exactly is a peaceful divorce? In lawyer jargon, a peaceful divorce is referred to as an ‘uncontested divorce’. Basically, an uncontested divorce is where the husband and the wife are in 100% agreement on each one of the major issues...
What exactly is a peaceful divorce? In lawyer jargon, a peaceful divorce is referred to as an ‘uncontested divorce’. Basically, an uncontested divorce is where the husband and the wife are in 100% agreement on each one of the major issues. Now, take notice of the term ‘100% agreement’. When 100% agreement exists, that means you and your spouse have reached a full and final settlement on each one of the major issues. In the world of divorce law, 98% agreement is a ‘contested divorce’. Having 99% agreement between you and your spouse is also ‘contested divorce’. Only where there is 100% agreement between you and your spouse, will ‘uncontested divorce’ be possible.
What does it take to reach a 100% agreement on each one of the major issues? First of all, it helps to have a knowledge of the major issues. In the world of divorce law, the typical case has three major issues: property division, debt division, and most importantly child custody.
Let’s begin to dissect the major issues by analyzing child custody first. If you and your spouse are in 100% agreement on the issue of child custody, that means the two of you have agreed on which one of you will be the primary custodial parent and which one of you will be the secondary custodial parent. It also means that you and your spouse have agreed on a custody schedule and an amount of child support to be paid.
Next, let’s analyze the property division issue. If you and your spouse are in 100% agreement on the issue of property division, that means the two of you have agreed on which one of you will take ownership of the marital house, each vehicle, and each financial investment. It also means that you and your spouse have agreed on how to divide the personal items, which amongst other things, includes the wedding rings.
Lastly, there is the issue of debt division. If you and your spouse are in 100% agreement on the issue of debt division, that means the two of you have agreed that one of you will assume responsibility for the mortgage, the monthly payment associated with each vehicle, and the credit card debt. It also means that you and your spouse have agreed on how to divide responsibility for each one of the personal debts like student loans and outstanding medical bills.
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