It is never easy ending a marriage, but the process can be made simpler when the spouses remain civil and agree between themselves about handling various essential matters, such as dividing the marital assets.
When you and your spouse settled on how to settle all your issues related to divorce, then uncontested divorce can be pursued. It takes place when:
- Your spouse either fails to appear in the divorce process or approves to the divorce
- There is no disparity between you and your spouse over divorce-related issues including spousal support, child custody, or separation of marital property
Basic Understanding Of Uncontested Divorce
We have seen many cases of spouses where they choose to end their marriage by using their children as counters to rebuke each other or battle it out in front of a judge. However, this is not the case with an uncontested divorce. Through this type of divorce, couples can work together in a civil manner.
In an uncontested divorce case, both you and your spouse reach an agreement about:
- How you share parenting time and responsibilities as well as custody,
- The duration and amount of any child and spousal support; and
- The division of all debt and property.
In an uncontested divorce you will complete and file a divorce settlement agreement with the court. A judge will then approve the final divorce and settlement decree.
Uncontested divorces are ideal for couples who have few assets and no minor children.
Are You Eligible for Uncontested Divorce?
An uncontested divorce can be a cost-efficient and quick option when you and your spouse agree to a divorce. Lowered attorney charges, fewer proceedings, reduced court expenses, and less legal wrangling are among the restructured procedures included.
As have mentioned earlier, it can be available to couples who agree to various issues, such as child support and child custody, with regard to the divorce agreement. If there’s at least one concern that both spouses don’t agree, then you might not be capable of filing for uncontested divorce.
Advantages Of Uncontested Divorce
The main advantage of an uncontested divorce is the streamlined process. Because both parties are satisfied with the agreement, there will be less time and less paperwork during the process.
In addition, uncontested divorces are also
- Low in cost: With no or little attorney time needed, you’ll not necessarily have to encounter steep legal charges. The cost is also trivial when filing papers with the court.
- Quick: Expect for a fast process in uncontested divorce since there are less legal wrangling and fewer proceedings. It won’t take a number of months or even years.
- Less information for the public: Less paperwork means less information that will be issued in county records.
- Less error possibility: The possibility of one or both parties making an error is highly reduced since there is only a smaller amount of paperwork covered.
- Allows couples to maintain a sense of cooperation and dignity: Simply putting it, there are no instances for the involved parties to attest about one’s dirty laundry. After all, both of you have agreed on specific
Disadvantages Of Uncontested Divorce
On the other hand, uncontested divorce has a fair share of drawbacks as well, including:
- Dispute resolution is limited: One major downside of an uncontested divorce is that it is not suited to all cases. In difficult divorce cases, like power imbalance, emotional abuse, or domestic violence, the process will potentially progress to the court.
- Couples need come to an agreement on almost everything: Both you and your spouse need to come up with a clear settlement before filing for an uncontested divorce.
Although an attorney is nor required for an uncontested divorce, it is highly beneficial to hire a divorce attorney, or at least speak with a divorce attorney near you, to ensure that all the proper paperwork has been filed.