Today is Tactical Divorce Tuesday!
And today I am tackling the topic of uncontested divorces. What an uncontested divorce is is that both parties want to divorce so therefore there’s no contest to it and neither side is challenging the fact that you want to divorce. But it is even more than that. What it really means is that you both have agreed upon everything within the divorce meaning the property division, the potential issues around spousal support, the potential parenting plan issues, the potential child support or attorneys’ fees. Uncontested means nothing is contested. It means all of the areas have been agreed upon. You’ve agreed upon how to how to deal with your house, how to deal with your assets, and how to deal with your retirement accounts, etc.
So what’s the myth?
Today’s topic is going to be - staying with your spouse even when there is no abuse, addiction, or adultery -- none of the three A’s or the Three Deadly sins of marriage are present. I have often had clients ask me whether not they think that I should leave their spouse. My response has always been the same - that is that the decision to stay or leave is a very personal one. I am here to facilitate the process if you make the decision to leave your spouse.
However all that being said, I will add this.
Can you get divorced from someone if they are in another state?
So the short answer is yes – of course. BUT there is a bit more to getting them served and getting what the law calls personal jurisdiction over that person.
You will have to put some special language into your complaint or your petition – whatever your initial divorce pleading is called in your jurisdiction – that is called Long Arm Language.
Today, I am going to tackle a frequently asked question and also – dispel a divorce myth by pointing out an important distinction.
The frequently asked question is what is no-fault divorce?
Years ago the only way to get a divorce was to prove that your spouse had done something bad, wrong – or something that was recognized by that particular state’s law as a justification for divorce. Those reasons, also called “grounds” could be anything from abuse (or cruelty), abandonment, adultery, mental illness or criminal conviction.