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