Divorce Q&A
Common Questions
and Answers.
Question [back to top]
How do I know if my divorce is uncontested?
Answer
A divorce is uncontested if neither party disputes any matter pertaining to the divorce in court. A divorce can still be uncontested if the other party refuses to sign the papers as long as neither party demands a trial to dispute any of the issues.
Question [back to top]
How do I get started and exactly how does this work?
Answer
You start by going to our questionnaire, filling it out, and submitting it to us with the appropriate fee. Using the information you provide us in the worksheet, we prepare a complete set of documents that contains all the paperwork you need to file for divorce. When we return the documents to you, all you have to do is sign them, have your signatures notarized and deliver them to the clerk of the court. The court then processes the divorce and issues the final decree.
Question [back to top]
What happens after you send the appropriate documents to me. What do I need to do? Do I file the documents at a local court? Do I have to appear before a judge and how long does that process take after I file? Will I have to go to court?
Answer
The phrase "go to court" means different things to different people. There is a difference in "going to the courthouse" and "going to trial". You do go to the courthouse to file the documents we prepare for you. However, you do not go to trial because there is no trial. The judge has the right to have you come in to the courthouse to ask any questions the court has about your case. Such meetings are not adversary and often the case is handled on the basis of the paperwork. In those cases the person filing for divorce never appears before the judge.
Question [back to top]
How long will it take for my divorce to be final?
Answer
Our goal is to have your documents completed and returned to you within hours from the time we receive them. They will arrive ready to be signed and filed with the court. If you live in a state that does not have a mandatory waiting period your divorce is normally final within 45 to 90 days of filing. However, that can be affected by a heavy volume of cases filed in the same time frame as yours.
The following states have mandatory waiting periods as indicated below:
ARIZONA - 60 DAYS
CALIF0RNIA - 6 MONTHS
IOWA - 90 DAYS
KENTUCKY - 60 DAYS IF THERE ARE CHILDREN - NONE IF NOT
LOUISIANA - 180 DAYS UNLESS LIVING APART FOR 6MONTHS
OREGON - 90 DAYS
S. DAKOTA - 60 DAYS
TEXAS - 60 DAYS
UTAH - 90 DAYS
VERMONT - 6 MONTHS
WASHINGTON - 90 DAYS
WISCONSIN - 120 DAYS
IF YOUR STATE DOES NOT APPEAR ON THE ABOVE LIST THE WAITING PERIOD IS NO MORE THAN 30 DAYS.
Question [back to top]
Are there any other fees beside yours?
Answer
Our fee is a flat fee and we have no other charges unless you decide to revise your documents after we have completed the case. There is a filing fee paid directly to the court at the time of the filing.. The clerk of the court in your county can tell you the exact amount of the fee. Divorces are filed in the State Court, not the county court. State Courts are usually called Circuit Court, District Court, Superior Court, or Family Court and the phone number for the clerk is listed in the government section of your phone book under the State listings.
Question [back to top]
Can I still get a divorce using your service if I don't know where my spouse is?
Answer
Yes. It is simply a matter of filing the correct paperwork which will include an affidavit to the effect that you do not know the whereabouts of your spouse. We provide the affidavit and the court, or you, publish a notice in the newspaper instead of serving a summons as they would in cases in which the whereabouts of the spouse is known.
Question [back to top]
What if my spouse doesn't want to consent to the divorce?
Answer
Your spouse does not have to consent or sign for you to obtain an uncontested divorce. If you tell us your spouse will not sign we will prepare the papers in the proper format for the court to serve a summons on your spouse. Even if your spouse ignores the summons the court will issue the decree without the spouse's signature under a procedure referred to as "default judgment".
