Simplified Procedures for Divorce

Contested divorces are the most complex type of divorce. Uncontested divorces are easier but still usually require a court appearance. Some states have streamlined the uncontested divorce further and offer what are known as simplified divorces, or summary dissolutions. These are generally available only to people who have a fairly short marriage (less than five or ten years), have no children, have limited property and debts, will not require alimony, and meet other restrictions. The process usually reduces the amount and complexity of paperwork involved.

In some states, the simplified procedure eliminates the need for a court hearing, whereas in others it requires that both parties be present in court. An important difference you need to be aware of when considering the use of a simplified procedure, which does not involve a court hearing, is that if a judge makes a decision you are dissatisfied with, you do not have the standard ability to ask for a new trial or appeal. There will likely be other alternatives, but they can be expensive, time consuming, and difficult. Unless one spouse has hidden a large asset or income stream, the cost of a standard appeal would usually be greater than the reward for couples who meet the requirements for the simplified procedure.

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