There are two kinds of divorce proceedings: contested and uncontested. An uncontested or collaborative divorce requires that the parties work together to process the divorce.  A contested divorce requires both parties to agree on the terms of the divorce.   Working out the terms through litigation can take years and involves extra expense in attorney fees. In an uncontested divorce the couple agrees on all of the terms and the attorney simply processes the divorce agreement.  The process may take only days and a minor fee.  The attorney will also point out  legal issues and may suggest slightly different ways to structure the agreement so that the couple gets the maximum amount of tax or other advantages.  Doing a divorce online or with a paralegal means you are using someone untrained and there is no confidential relationship.     

Here are a few things that need to be remembered while filing an uncontested divorce. These will help you avoid common mistakes while applying for a divorce which will otherwise lengthen the process.

· Be proactive: The couple needs to be proactive and work together for the benefit of their children and the benefit of each other.  They still have the job of raising the children together and of working together to divide the property between them. 

· Settlement:  You should reach a reasonable settlement and make it final.  Any later changes will make the process more time-consuming and costly.  If the agreement is unfair the other party will either not live by it or seek revenge.   The court will not approve a divorce that is unfair on the face of the agreement. 

 · Remember if you cannot agree the Court normally:

1.      Evenly divides assets and debts,

2.      Awards child support by a chart based on income child care expenses and insurance costs,

3.      Often sets alimony if any in accord with a formula similar to child support

4.      If you cannot agree the litigation process will be the only option left.  Having a judge force something on the two of you and decide your future will be painful, expensive, time consuming and uncertain.   

Avoid Mistakes: Get professional help and be detail oriented.  Mistakes will be costly, you may have your case dismissed, or worse.

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