| Let's look at how a divorce case works so you can | | | | can do their own uncontested divorce.Contested |
| see what you face and how you can beat the legal | | | | divorces are another matter entirely. There are lots of |
| system. The legal divorce process is similar in all states, | | | | steps in a contested case and each step is quite |
| but there are two common sets of terms. In this article, | | | | complex. They include pre-trial motions, discovery, |
| I use the first set.Spouse who starts the divorce = | | | | negotiations, manadatory custody mediation, pre-trial |
| Petitioner or Plaintiff | | | | settlement conference, and finally, the trial. This is |
| | | | lawyer country; you can't go through a contested |
| Document filed = Petition or Complaint | | | | divorce very effectively without one. It takes lots of |
| | | | time, money and emotional suffering to get through a |
| The other spouse = Respondent or Defendant | | | | contested divorce. |
| | | | Any contested case can become uncontested if one |
| Document filed (if any) = Response or Answer | | | | spouse simply drops out of the contest or if the |
| | | | spouses reach an agreement--the earlier, the cheaper. |
| Orders for divorce and terms = Judgment or | | | | However, when you are represented by attorneys, it is |
| DecreeAll divorces start with a Petition and end with a | | | | much more difficult to reach agreement. When |
| Judgment. The Petition sets out in very general terms | | | | negotiations are conducted through attorneys, it is |
| what the facts and issues are and what the Petitioner | | | | typical for a case to drag on and on and run up large |
| wants. After being filed with the court, it is served on | | | | attorneys' fees before it settles.Advantages to a Legal |
| the other spouse to give notice that the case has | | | | ContestIt might seem odd after all I've said, but there |
| started. The Petition is a simple, standard document. | | | | are some advantages to a contested divorce in some |
| Filing and serving it is not complicated.The other spouse | | | | cases: |
| can now file a Response if he or she wants to be | | | | |
| involved in the legal process. This has to be done | | | | In high-conflict cases, you can get some restraining |
| within a stated time, typically 30 days after the Petition | | | | orders.If your spouse is playing hardball, it may be |
| is served. The Response is similar to the Petition, a | | | | better to fight rather than give in.Fighting is an outlet for |
| simple document that is easy to do. The effect of the | | | | or diversion from the pain of divorce.Anger and fighting |
| Response is simply to get the other spouse into the | | | | help sever bonds of attachment and affection. |
| case on an equal footing with the Petitioner.If a | | | | In some states, there is a chance for material gain--if |
| Response is filed, the case is "contested." If there is no | | | | you win.And, finally, some people just feel like fighting.If |
| Response, it is assumed that the Respondent | | | | you have to fight, Divorce Solutions: How to Make Any |
| concedes all issues according to the broad terms of | | | | Divorce Better (the book from which this article was |
| the Petition and the case is "uncontested." If the couple | | | | excerpted) discusses how to run a controlled battle |
| has made a written marital settlement agreement | | | | effectively and how to avoid some of the worst |
| before the Petition is filed, there won't be any reason | | | | disadvantages.The disadvantages to a legal contest, |
| for the second spouse to enter the case.As you can | | | | however, are truly impressive: |
| see, there are only three ways you can go through | | | | |
| the legal system from Petition to Judgment: | | | | Both sides get drained financially and emotionally.Two |
| | | | lawyers double the personalities in the case and |
| You go with an attorney through the legal system to | | | | increase the complexity of every communication, |
| trial where a Judge will impose decisions about | | | | making settlement much more difficult.Kids can get |
| property, children and support.More commonly, you will | | | | harmed, perhaps permanently; chances for |
| go through the legal system until your attorney can | | | | cooperative co-parenting in the future will be seriously |
| negotiate an agreement with your spouse's attorney | | | | impaired.Imposed terms are often not adhered to, so |
| about property, children and support. Once you have | | | | you end up in more hassles, spending more money |
| an agreement, all that's left is a lot of paperwork and | | | | and time on enforcement.Your upset becomes |
| red tape.Do it yourself. This means that you and your | | | | entrenched, runs deeper and lasts longer. Since your |
| spouse work out an agreement outside the legal | | | | real goal is to get on with your life, this holds you back |
| system with only limited assistance from attorneys. As | | | | and down--perhaps forever. |
| you will see from my articles on divorce, doing it | | | | Now that you know the route around the legal |
| yourself has so many advantages that it is by far the | | | | system for a divorce, you are ready for my article |
| best way of all.Contested and uncontested divorces | | | | Divorce--How to Beat the System. |
| are dramatically different: | | | | |
| | | | Copyright 2005 Ed ShermanEd Sherman is a family |
| The uncontested divorce is relatively simple: it goes | | | | law attorney, divorce expert, and founder of Nolo |
| straight through paperwork and red tape to judgment. | | | | Press. He started the self-help law movement in 1971 |
| Some couples will need to work out a written marital | | | | when he published the first edition of How to Do Your |
| settlement agreement beforehand. A routine | | | | Own Divorce, and founded the paralegal industry in |
| appearance in court by Petitioner may be required, but | | | | 1973. With more than a million books sold, Ed has |
| many states, such as California, have simplified | | | | saved the public billions of dollars in legal fees while |
| procedures that typically don't require a | | | | making divorce go more smoothly and easily for |
| hearing--uncontested cases are so routine that they | | | | millions of readers. You can order his books from or |
| don't want to take up valuable court time with them. | | | | by calling (800) 464-5502. |
| That's all there is to it. With a little help, almost anyone | | | | |