QUESTION
What can I do if my wife wants to file a non contested divorce?
Asked on Sep 12th, 2012 on Divorce - Michigan
More details to this question:
My wife wants a simple divorce of non-contested and our children are grown. She only wants out and not anything I own. I can't afford an attorney, what should I do?
16 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you agree work with her. If you have issues file a dissolution yourself, but it doesn't sound like you can do any better than her walking away.
Answered on Sep 18th, 2012 at 2:23 PM
Even if you have to borrow the funds, you need an experienced attorney to review the judgment of divorce to make sure it's fair. Also, in order to avoid a default judgment, you need to answer her complaint paragraph by paragraph (admit, deny, etc.) or she can submit the judgment by default without any input from you.
Answered on Sep 18th, 2012 at 2:22 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If she has an attorney, have that person prepare a separation agreement and review it to determine if she really isn't seeking anything from you. If you don't understand it, you may be able to have an attorney review & explain it to you for a consultation fee only.
Answered on Sep 18th, 2012 at 11:46 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado there is no difference between a "non contested" and a "contested" divorce at the time of filing. Whether it eventually becomes "contested" depends on whether or the parties can agree on all the necessary terms and conditions need to end the marriage. If they can't agree, it becomes "contested", requiring the decisions on important issues to be decided by a judge. It sounds like you have a fairly long term marriage so it may be foolish for you to fail to at least consult an attorney to learn more about your options and what is necessary to make sure you understand what you are doing.
Answered on Sep 17th, 2012 at 11:44 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Grant it if you do not care if you stay married to her.. there is nothing you can do if she wants out and if her requests about dividing the marital estate seem reasonabble.. you cannot afford to fight.
Answered on Sep 17th, 2012 at 11:44 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You should both go to your local courthouse and go to the self help family law facilitator. They can provide you with the forms to proceed with an uncontested divorce.
Answered on Sep 17th, 2012 at 11:43 PM
Ask her to prepare and submit to you her proposed settlement agreement regarding all of your assets. You can then consult an attorney for little or no cost to review and advise you as to your rights under the proposed agreement. If the agreement is fair and you agree then she can proceed with an uncontested dissolution.
Answered on Sep 17th, 2012 at 10:55 PM
Have you considered Mediation? Mediation is Fast, Effective and Affordable. Check it out and good luck.
Answered on Sep 17th, 2012 at 8:30 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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What is it that you want to do? You can contest the divorce. But this might be fruitless.
Answered on Sep 17th, 2012 at 8:29 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Either party to a marriage can file for a divorce. In the eyes of the court, the marriage will end on the date of the filing.
Answered on Sep 13th, 2012 at 3:03 PM
You cannot afford not to employ an attorney. If a spouse really wants to walk away with nothing, it is a good idea to make sure that it is done correctly so that they cannot come back later and attempt to have the decree set aside.
Answered on Sep 13th, 2012 at 3:00 PM
Elder Law Attorney serving Ithaca, NY
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Robin Abrahamson Masson Attorney & Counselor at Law
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You and your wife can use the forms available on the NY courts website for an uncontested divorce, without paying an attorney.
Answered on Sep 13th, 2012 at 3:00 PM
Barbara A. Fontaine
In Rhode Island, read the summons and complaint. She can get what is on the complaint. If you agree, you do not need an attorney. You can show up or not. She cannot change what is asked for if you are not there.
Answered on Sep 13th, 2012 at 3:00 PM
Dennis P. Mikko
Once she files, you should answer the complaint and work with her to arrive at an agreeable Consent Judgment of Divorce. If the both of you agree on the Judgment, it will be entered by the court and the matter will be resolved.
Answered on Sep 13th, 2012 at 2:59 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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If you and your wife can agree on all the details you might just want to hire an attorney to draft the agreement for you. Family courts work with unrepresented parties all of the time, so if there is nothing to fight over you could also just get divorced without an attorney.
Answered on Sep 13th, 2012 at 2:58 PM
Richard S. Goodman
Your wife can file and make sure that the judgment is reviewed by you before entered. If not stating you keep your property call a lawyer.
Answered on Sep 13th, 2012 at 2:57 PM