The Katy Perry and Russell Brand Divorce: Now That Was Quick!
Actor/comedian Russell Brand filed for divorce from pop superstar Katy Perry on December 30, 2011 after 14 months of marriage. The couple signed final papers on February 9, 2012. How is it possible that with so much money and property at stake -- and no prenuptial agreement -- their divorce process could be completed in just 41 days? (Of course, the divorce will not become final until the statutory waiting period is over.) The answer is simply that this couple has shown us that when the divorce is "uncontested," it can proceed smoothly and quickly. Is your divorce uncontested?
An uncontested divorce generally means that you and your spouse agree on everything and neither of you intend to fight each other over anything. Like the Katy Perry and Russell Brand divorce, you can have an uncontested divorce by simply getting together, making the tough decisions, and agreeing in advance on everything concerning "who gets what" and "who pays what." More often than not couples are able to negotiate with each other in a fair, kind and friendly manner. When this happens, uncontested divorce proceedings are completed much faster than contested divorce proceedings.
The most critical and sometimes contentious conversations involve the children, if there are any. The courts are actively concerned about how child custody, visitation and support matters are managed. So when we are talking about an uncontested divorce where children are involved, we mean that you and your spouse have approached the children's welfare reasonably and responsibly and are willing to sign a parenting plan agreement that reflects your decisions. Here are some examples of the things you and your spouse must agree not to fight over in order for your divorce to be uncontested:
- What property, including cash, is to be divided and who gets what
- What debt is unpaid, and who will be responsible for paying it
- What debt, if any, will be refinanced and who is responsible for the refinance
- Will spousal support (maintenance or alimony) be paid by one party to the other, how much and for how long
- Who pays the court costs, which are in addition to attorneys' fees
- Child custody-all details involving child custody arrangements must be finalized, for example:
- Will custody be shared or are there exceptions for sole custody
- What is the regular visitation schedule
- How will holidays and vacations be scheduled
- How are birthdays to be handled
- What happens if a child gets sick during scheduled visitation
- What daycare will be used during scheduled visitation
- Child support-all details concerning child support must be finalized, for example:
- Who pays child support
- What amount will be paid
- Who pays for the children's health insurance
- Will daycare expenses be shared
- Will there be an exception to the law that whoever receives child support claims all children on income taxes
- How will college expenses be handled
All of these decisions must be laid out in formal agreements that you and your soon-to-be-former spouse must sign and submit to the court.
Let our divorce attorneys analyze the facts of your situation. Each case is different, and what works in one couple's situation may not work for you, especially when you consider the tax impacts associated with bankruptcy or divorce. We will explore all of the available options with you so you can make informed decisions about how to handle your finances and your divorce. Our caring and compassionate attorneys have decades of experience with bankruptcy and divorce matters. We are uniquely equipped to provide you with comprehensive legal advice.
If you are ready to begin, call Smith Montgomery at (417) 881-9000 to make an appointment for your free first visit and evaluation. You can make your own appointment by using the Contact Form on our website. Just click and select a date and time that is convenient for you. Morning, afternoon and lunchtime appointments are available. Same day and next day appointments are no problem. Our automated appointments system means you don't have to wait for our office to open. You will receive an instant email confirmation of your appointment date and time. Start feeling better by turning over your legal matter to an experienced lawyer who wants to help you.
This article discusses divorce in general terms only, and nothing in this article should be considered as legal advice. No attorney can guarantee the outcome of a case; however, if you have a legal problem, please take advantage of a free visit to review your situation. For decades Smith Montgomery has been helping people in Southwest Missouri make informed decisions about financial and family matters. If you need help deciding, see what our clients have to say about our legal services.