What do I need to do to file for a divorce if my spouse agrees?

What do I need to do to file for a divorce if my spouse agrees?

Generally, when both spouses agree to a divorce, the process tends to be less contentious and can often proceed more smoothly. This is sometimes referred to as an uncontested divorce or a no-fault divorce depending on the jurisdiction and the grounds for divorce.

Here are some common steps that are often involved in an uncontested divorce:

• Reach a Marital Settlement Agreement: Even though you both agree on the divorce itself, you will still need to agree on the key terms of your separation. This typically includes:
  • Division of marital property and debts.
  • Child custody, visitation, and support, if you have children together. The sources mention that 90% of divorced mothers have custody of their children and that over 79 percent of custodial mothers receive a child support award.
  • Spousal support (alimony).
• Prepare and File Initial Divorce Papers: One spouse (or both jointly, depending on local rules) will need to prepare the initial legal documents to start the divorce process. These forms can usually be obtained from the local courthouse or online through the court’s website.
• Serve the Papers (if not a joint filing): If only one spouse files the initial papers, the other spouse will need to be officially served with a copy of these documents.
• File an Answer or Appearance (if served): The served spouse will typically need to file a response with the court, indicating their agreement (or non-agreement, though in your case it would be agreement).
• Submit the Settlement Agreement to the Court: Once both parties have agreed on all the terms, the Marital Settlement Agreement will need to be formally submitted to the court for approval.
• Final Review and Decree: The court will review the settlement agreement to ensure it is fair and in accordance with the law. If everything is in order, the court will issue a final divorce decree, legally ending the marriage. Only around five percent of divorces are decided in the courtroom, suggesting that the vast majority are settled amicably.

It is highly recommended that you consult with a family law attorney in your jurisdiction to get specific advice on the legal procedures required in your area and to ensure that your rights are protected. Many law firms offer consultations. Some firms also offer online divorce mediation which might be relevant if you need assistance in reaching a complete agreement.

Please remember that this information is based on general knowledge and not directly from the provided sources. You should consult with legal professionals for guidance specific to your situation.