By Doris N. Ayala, PhD, MJ
If a pro se uncontested divorce sounds like the right path for you and your spouse, how do you know for sure? The questions below can help you determine if you are ready to take the next step. They can also help you discover if your relationship is amicable enough to negotiate all the terms of divorce.
Only you and your spouse can truly determine the answers to these questions. However, know that if either of you are not ready now, it’s just a matter of finding the willingness to work together and achieve agreement so you can move forward.
- Are you both in agreement that the marriage is over? Both of you agree that divorce is the best course of action. Nobody is harboring a fantasy to get back together that may delay the proceedings for an uncontested divorce.
- Do you both desire to end amicably? Neither party wants to prolong the hurt or suffering of the other party. Both want to complete the process as peacefully and as quickly as possible.
- Do you have children and agree on a post-divorce parenting plan? If there are children involved you agree on how responsibilities will be shared, including weekend and holiday schedules. You agree on these important issues regardless of your reasons for divorce.
- Do you both have the ability to make binding and conscious decisions about your divorce? Neither spouse has problems with addiction, mental illness, emotional immaturity, etc., that make it difficult to abide by decisions. Both of you make decisions freely and willingly about the divorce and will maintain fortitude throughout the process.
- Do you both agree on the division of assets? Both of you are clear on the ownership of every asset, whether it is individual or joint. This includes every financial asset, piece of property, residence, special possession, and bank account in the family estate.
- Do you both agree on spousal support? If spousal support applies to you, you both agree who receives it, how much, and how often. You both accept it as part of the terms of the divorce.
If you have answered “yes” to all of these questions, we can help you with the pro se process. You and your spouse seem ready to have a peaceful and amicable pro se divorce through Divorce Dimensions.
If you have answered “no” to any of the questions, but wish to obtain more information, call us at Divorce Dimensions to help guide you further in your decision regarding a divorce. Although at Divorce Dimensions we will not provide legal advice, nor mediation or psychotherapy, we can refer you to trustworthy individuals who can perform these services for you and prepare you towards a pro se uncontested divorce. Please feel free to contact us for a consultation.
Dr. Ayala is the founder of Divorce Dimensions has a doctorate in social work and a masters of jurisprudence in child and family law. Her mission is to help those who are ending their marriage to pursue a positive future beginning with an affordable divorce. She is not an attorney and will not provide legal advice, nor mediation or psychotherapy, but will refer individuals to the professionals who offer these services.