Divorce by mutual consent? Can we end our marriage cheaply and quickly, without disputes and tension, without needing witnesses and proving fault? Learn more in the following lines:
Divorce by mutual consent is a preferred option for couples who want to terminate their marriage without unnecessary conflicts and stress. This type of divorce is based on mutual understanding and the willingness of the spouses to separate peacefully by settling all important issues through an agreement.
DIVORCE BY MUTUAL CONSENT WHAT IS IT?
Divorce by mutual consent occurs when both spouses agree to terminate the marriage and can reach an agreement on all aspects of the divorce – from child custody and support to property division and use of the family home. This type of divorce is significantly faster and less contentious than litigation-based divorce.
DIVORCE BY MUTUAL CONSENT – PROCEDURE
The procedure begins with the submission of a joint application to the district court in the area of residence of one of the spouses. The application must include an agreement settling all consequences of the divorce. This includes:
- Children’s residence and custody – Determining which parent will have custody and how contact with the other parent will be managed.
- Child support – The amount and method of payment.
- Use of the family home – Which spouse will continue living in the family home and under what conditions.
- Spousal support – Terms and amount, if necessary.
- Surname – Option to restore the pre-marriage surname.
The court reviews the application and agreement, and if it finds that the children’s interests are protected, it approves the agreement and issues the divorce decree.
FEES AND EXPENSES
Divorce by mutual consent is a more economical option compared to litigation-based divorce. The state fee for submitting the joint application is fixed and lower, and legal assistance costs are generally smaller since the process is shorter and simpler. It is recommended to use the services of a lawyer to ensure all aspects of the agreement are fairly arranged. Divorce by mutual consent cost? Make an inquiry to get a quote for the cost of divorce by mutual consent using our contact form.
CONSEQUENCES OF DIVORCE BY MUTUAL CONSENT
The court’s decree of divorce by mutual consent confirms the termination of the marriage and approves the agreement between the spouses. This means that all issues related to children, support, and property are resolved, allowing the spouses to move forward with their lives. If circumstances change, the spouses can request amendments to the agreement.
IMPORTANT CONSIDERATIONS
Divorce by mutual consent offers many advantages, but it’s important to approach it with care and professionalism. Drafting an agreement that meets the needs of both spouses and the children requires a good understanding of the law and a willingness to compromise. Consulting a lawyer is recommended to help create a fair and comprehensive agreement.
WHY IT IS IMPORTANT TO HAVE A LAWYER?
Even when divorce by mutual consent seems easy and straightforward, legal assistance is crucial to ensure everything is done correctly and your rights and interests are protected. A lawyer can help draft and review the agreement, provide advice on legal issues, and ensure that the children’s interests are adequately safeguarded.
CONCLUSION
Divorce by mutual consent is an effective way to end your marriage while maintaining good relations with your former partner. With the help of an experienced lawyer, this process can be significantly simplified, minimizing the risks of legal mistakes and conflicts. Our law firm offers professional support and legal advice to help you navigate your divorce with confidence and clarity.
You can contact us for consultation and assistance on all issues related to divorce. Our lawyers have extensive experience and an individual approach to every client.
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