Though it may be hard to imagine, there is such thing as a civil divorce settlement. In simpler terms, not every divorce is as messy as the rest, not all divorces are contested. Some people peacefully come to terms with a fractured marriage, and agree to split with as little legal involvement as possible. So, when approached by a potential client inquiring about whether or not she and her husband could “just agree on the terms of divorce and have it written out”, our answer was yes.
In this case, the couple had mutually agreed upon how to split the debt and other financial issues. The wife understood that by law her husband was entitled to half of her 401k plan. He, in turn, agreed to waive that right in lieu of the wife taking on the financial burden of the couple’s shared debt. With that being said, the couple could certainly have their divorce written out in the form of a marital settlement agreement. This would be considered an uncontested divorce. However, they should still have it done by an attorney, and one who is willing to act merely as a scribe rather than as an advocate for either of the spouses. What’s more, it shouldn’t be very expensive.
For more information on uncontested divorce and marital settlement agreements, please visit our website: http://stanprowse.com/contested-uncontested-divorce