Thursday, November 15, 2012

Is your divorce really uncontested?


Is your divorce really uncontested?

For a divorce to be considered uncontested, you and your spouse must have an agreed upon disposition for all issues that are addressed in a dissolution case, including, but not limited to:

+  Who will take what assets post-dissolution?

+  Who will be responsible for each debt after the divorce is final?

+  Will debts, like a mortgage or car loan, need to be refinanced to remove the non-responsible spouse?  If so, how long will the spouse have to refinance?  What if the spouse cannot refinance, how will that scenario be handled?

+ Will one party be responsible for paying the other maintenance (alimony), and, if so, how much and for how long?

+  What will the child custody arrangements be?  Details that must be considered include transportation, visitation, holiday visitation schedules, vacations, school year vs. summer schedule, etc.

+  Will child suport be paid?  If so, you and your spouse must work out all child support arrangements, including who will be paying child support, how much child support will be paid (if any at all), who will cover the children's health insurance, how daycare expenses will be paid, who will claim the children as dependents for tax purposes, how will college expenses be paid, etc.  

+  For your divorce to be considered uncontested, you'll even need to work out who will pay the court costs

As you can see, everything must be agreed upon for your divorce to be considered uncontested.  I am often asked, "Can we get my spouse to pay part of the attorney fees?"  And the answer is, maybe, but if we're filing the case looking for that relief, it's not an uncontested divorce.

Please feel free to contact me anytime to discuss your Missouri uncontested divorce.  I can be reached at 314-238-1219 or at GWL@LinnenbringerLaw.com.  Please visit my website has more helpful information and links to past-client reviews.