Month: June 2015

What is an Uncontested Divorce

You gave it your best shot, smiled through the pain, and even God knows you tried to see the brighter side but still, here you are. Divorce is never easy on either party; from splitting assets to who gets custody plus the emotional trauma, it’s one hell of a ride. If you can scale all these amicably without having to visit the court, the divorce can become a little less thorny. But if you must go to court, you may want to consider getting an uncontested divorce.

What is an uncontested divorce?
Simply put, an uncontested divorce is one where both spouses unilaterally concur on all the issues concerning the divorce. All matters regarding property division, debt division, custodial responsibilities and support must first be settled before you can be eligible for an uncontested divorce.

Uncontested Divorce

Another condition for eligibility is that you and your spouse must both agree to opt for an uncontested divorce. In case your partner doesn’t agree, you can still be eligible if you can somehow prevent them from appearing in court (don’t go getting any crazy ideas though). This divorce is usually granted when both parties decide not to provide an answer within the required timeframe after being served. If there is no answer within this period, then the divorce becomes uncontested. But just because a divorce is uncontested doesn’t mean it will run smoothly. It usually works best if both of you are financially independent of each other, and you don’t have so many fixed assets to divide.

What is an uncontested divorce and what can you benefit from an uncontested divorce?
Getting a divorce is not really beneficial. Many problems today can be traced to broken homes; but maybe that break is what you really need to begin living again, maybe the fresh start can give you a new perspective and open a new world of possibilities, either way, this is what you benefit from opting for an uncontested divorce:

1. Cost – Obviously, due to the ‘uncontested’ nature of this divorce, it is generally cheaper than the contested divorce. Normally, the cost of completing an uncontested divorce can just be limited to court filing fees. Even when you both hire lawyers for the process, fees can be minimal if you can settle without going through court proceedings. Divorce is difficult enough already, why should it also be a financial burden?
2. Time – With fewer proceedings, paperwork and legal jargon, you can get your divorce more quickly. The last thing you want after deciding to split with your partner is to keep seeing them time and time again. You just want to get it over with so you can move on with your life. Getting this type of divorce will save you valuable time.
3. Avoiding conflict – When you settle matters quickly with your spouse, there is a much lesser probability of conflict. Of course getting a divorce will always result in some form of conflict, but if you’re not meeting to iron out details for too long, chances of conflict are significantly lowered. You can’t fight when you’re not there.
4. Avoiding court stress – Typically, you can’t remain close friends with someone you took to the court. Where shared custody is agreed upon, you have to maintain a cordial relationship with your ex at least for the sake of the kids. But if you subject them to grueling court sessions and bitter arguments, guess who’s not going to be cordial with you? Also, court sessions require full disclosure, so it’s goodbye to all your marital secrets. All financial and personal information become public knowledge. You can choose to file under seal, but this process is often quite tedious. Best option? Avoid it altogether.
5. Avoiding Lawyers – If both of you can reach an agreement amicably on your own, then there may not be a need to hire a lawyer. Unless where the stakes are incredibly high, or there are tricky legal procedures, you can be granted your divorce without going to an attorney. Especially if your state laws provide a simple process that fits your situation. You only need to be sure you understand your legal rights and you don’t give them up unwittingly.

Conclusion
Settling for an uncontested divorce is becoming increasingly popular today. If you haven’t been married for too long and only a few assets to share, this is your surest bet. Who knows? Maybe in the course of trying to reach an agreement with your partner, you may begin to understand a lot more about each other and suspend the dreaded experience. Good luck!!!