What Is A No Contest Divorce?

A No Contest Divorce simply stated, is when both individuals in a marriage agree on all the issues related to the divorce.

Also called a Uncontested Divorces or in some states a No Fault Divorce or even a Do it Yourself Divorce, it has become the most popular way to file legal separation to end a marriage for a number of reasons.

However, think before you leap. Is it possible to save your marriage?

Marriage is a legally binding contract according to the government and it takes documents to create the contract in the form of a marriage licence. Therefore, it is only natural that the government would want a divorce application and  separation documents.

ode to divorce

First let’s define what the no contest divorce is:

1) Division of Property You and your spouse agree to the division of all of the financial matters between the two of you. This includes the division of property. Everything must be considered no matter how small. Who gets the silverware? Who gets the bedroom set, the living room set or the dining room table? Who is going to keep Aunt Mary’s wedding gift? This all should be written down and saved as one of your own uncontested divorce forms.

2) Young Children and Divorce

Children may pose a special problem in a no contest divorce. There is father child custody and mother child custody to agree to.

The joint custody of a child or children and the rights and responsibilities of each parent should be spelled out on paper.

These include child support and custody. Things like child visitation and support payments. Often in many states, there are specific child family law rules that have to be followed.

Once again this information should be written down and saved as another no contest divorce forms for yourself.

Divorce Forms
A No Contest Divorce Decree

3) Other Financial Considerations

Pension and divorce.

Often overlooked in a no fault divorce, the value of a spouse pension has to be taken into consideration, depending on the length of the marriage and the amount of the pension.

This goes along with the division of property. It must be agreed upon who will get the pension and of it will be divided, what percentage will go to each spouse.

Life insurance and divorce.

Another often overlooked area that needs to be stated in your packet of divorce forms. If both the husband and the wife have life insurance, the beneficiaries should be noted and changed if need be in your  common law divorce proceeding.

Alimony and divorce.

Usually in a no contest divorce this is probably one of the first things that should be agreed on. Unlike in the past where the man was the chief bread winner and the wife a stay at home mom with no income of her own, the burden of alimony and divorce would fall on the man. Today with the real possibility that the wife in a marriage may make the same if not more than the husband alimony in a divorce can often squash do it yourself divorces.

4) Divorce Agreement or Failure to Appear

A no contest divorce, in most states, will be granted if all of the parties are in agreement with the above financial and child custody provisions as well as any other provisions that may come up and be listed in your packet of low cost divorce forms.

However, there is another way that a no fault divorce can be granted that is if one of the parties do not show up for the divorce action. This is often the case if the spouse in question does not show up for the final divorce action. Perhaps the spouse cannot be found as in spousal abandonment or un-resolved missing person cases.

Even if you sue for divorce and think that the proceedings will go uncontested, you may later find out that your spouse has changes his or her mind and decided to contest or “fight” the legal separation papers.

At this point, it may be necessary to consult an attorney even if you think it is a no contest separation agreement. It still is possible to proceed on your own, but you will have to do a lot of legal homework about how divorce lawyers handle cases.

Virtually every day there are articles in the papers about divorces going nasty, even if they are no contest separations. This site is designed to help your through your uNo Contest divorce by providing the separation documents and information to help you file your own divorce.

However, we are not lawyers and we are not giving legal advice in any way. The suggestions in this site about doing your own divorce are just that — suggestions. Each state may have different rules that may not apply to do it yourself divorce forms. If there is any doubt, you should seek the opinion and counsel of a legal professional.

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