A divorce is an ugly process to begin with and it can get even uglier if one of the parties is not willing to compromise or settle out things. Going through a divorce involves a lot of time, money and hassle. It can sometimes lead to financial bankruptcy and also make you emotionally unstable. However a joint divorce can solve many of these problems and every divorce attorney recommends it.
What Is A Joint Divorce?
A joint divorce is a term used when both the parties are willing to divorce together and they have agreed on all the terms mutually. A joint divorce is also known as an uncontested divorce. In contrast to a contested divorce where one party files for a divorce and is known as a plaintiff, then the other party has to respond in the court and trial as a defender, the case is dragged, finances increase and many other factors are involved such as emotional issues, humiliation and lies.
On the contrary a joint divorce is a peaceful process where both the spouses have to sign a joint petition or agreement for divorce and they have to agree on all the things together such as division of assets, division of debts, child custody (if there are), the support money of the children, alimony, spouse support, visitation of the children and division of personal property such as house and car. When both the spouses agree on all these factors then they both can sign the divorce papers which will be filed to the court by the divorce lawyer and the divorce may be applicable in 2 to 3 weeks. If any one spouse does not agree on any of the above points mentioned then a joint divorce cannot take place.
What Is The Benefit Of A Joint Divorce?
Although divorce has no benefit whatsoever but couples with irreconcilable differences, physical separation, mental incompatibility or any other issues who just do not want to stay together can avoid the tension, the financial cost, the time and many other hassles and get divorced by signing a petition for a joint divorce. If one person files for a divorce then the other will be called to court where the situation can get messy, there will be complaints and abuses which can also get emotionally unsettling for the children and the spouses themselves.
Time is not wasted in case of a joint divorce and also there are less financial costs of a divorce if it is uncontested. The process will be quicker and the parties can stay at cordial terms in the future as there will be no nasty fights involved but the separation will be on mutual agreements.
Another benefit is that if your marriage was for a short time period, or you had no children then the divorce will be an even more simplified process as there won’t be any huge division of assets or child custody issues. This simplified version of a joint divorce will cost even less.
Conditions For A Joint Divorce
You can file a petition for a joint divorce in any no fault State. Many States but not all allow divorce without any big reason and just petty reasons are considered enough for a divorce. You will have to check with your State for the rules and regulations.
For filing a joint divorce you and your spouse must be living separate for at least 3 to 6 months. If you and your spouse are living in different States then you can file in any of the States but either of the spouses should be a resident there for at least 3 to 6 months. If one spouse lives in a no fault State while one lives in a at-fault State then you can even file for a divorce in the no fault State provided that the spouse is living there for a minimum time period required for a joint divorce.
Final Word
Divorce is no longer considered a taboo. If you or your partner has personal differences and cannot live together then it is better to part ways, and a joint divorce is the best option. You both can contact a good uncontested divorce lawyer Fairfax VA to start things towards a simple and easy divorce.
