An uncontested divorce is one in which a divorce decree states that each spouse isn’t in disagreement about. When both spouses in a married couple agrees to get divorced, filing for an uncontested divorce can save you time and money using efficient court procedures. The spouses need to:
- Not having any financial disputes (like spousal maintenance and/or child custody)
- Both are in agreement to getting divorces (if one spouse doesn’t go to the divorce proceedings it is considered an agreement to the divorce)
Although more convoluted divorces can fall outside of these parameters under certain circumstances; if each side of the relationship are familiar and agree to the bigger matters in a lot of divorces (in such cases like child custody/ support, distribution of property, and alimony), basic, non-confrontational divorces can save significant amounts of time and money.
Qualifications for an Uncontested Divorce
Uncontested divorces usually are accessible to a married couple in which they have no remaining disagreements concerning the basic divorce matters: child custody/ support, property distribution, and spousal maintenance. Similar to contested divorces, it starts by one of the spouses filing for divorce. Divorces that are uncontested will have simplified paperwork, that property and child custody details are filed, along with a declaration of the reason for the divorce.
When the other spouse agrees to getting divorced (to put it another way, isn’t “contesting” it) or doesn’t show up for the proceedings the divorce can be awarded by the court. When the other party isn’t in agreement and makes the needed court filings, an uncontested divorce will not be awarded.
Uncontested Divorce Pros
One key benefit of this sort of divorce is the savings in the divorce expense. Whereas attorney representation will often be advisable in any kind of divorce, the streamlined procedure includes decreased court costs, as well in decreased attorney bills.
Uncontested divorce also enables many couples in getting their divorce granted faster than in a contested divorce. With a reduced number of proceedings and a reduced number of legal squabbling, it enables couples to move on with their lives faster.
Though divorce of any sort often involves some conflict, moving forward with uncontested divorces can lessen the amount of conflicts among the separating spouses by lessening the potential for conflicts to develop. With reduced demands for details going back-and-forth, and reduced proceedings to resolve challenged factors of the divorce, conflict amongst the pending exes can be minimized.
Except filing under seal (which can be grueling), information disclosed in divorce proceeding becomes publicly available. In other words not only personal details one spouse claims about the other, not only that, financial and other private details become publicly available. Although in divorces that haven’t been contested by either spouse, there’s basically less information filed within the court to be publicly available. This allows spouses that agree to get divorced to reduce the extent of private information on public record.
Uncontested Divorce Cons
Spouses that have children, convoluted or questioned property arrangements, or potential disagreement in reference to spousal support need to thoroughly weigh if an uncontested divorce is relevant. The compromise for straightforward and cost savings comes at the price of being capable to adequately resolve complicated custody decisions, along with complex property division or spousal maintenance arrangements.
Spouses that have children need to make more filings concerning the children(s) custody and child support when wanting an uncontested divorce. The uncomplicated divorce method in many states is not accessible when the spouses have children. The significance of legal resolution of child custody concerns requires the more thorough procedures available in a normal divorce.
How Uncontested Divorce Works
An essential aspect of uncontested divorce is that you can either handle it independently or seek assistance from a lawyer. However, it’s crucial to note that if you choose legal help, the attorney can only represent one spouse due to ethical considerations.
Typically, jurisdictions require similar documentation to initiate divorce proceedings, including a divorce petition, confirmation of both spouses’ awareness and participation, financial declarations, a settlement agreement, and a proposed judgment. Some jurisdictions may also mandate couples therapy before granting a divorce. You can often find the required documents online or acquire them from the county clerk’s office.
After creating and agreeing on the papers, both spouses sign and file them. In many jurisdictions, the process concludes, and the court sends the divorce judgment by mail. However, some jurisdictions may require a hearing with both spouses to affirm the accuracy of the documents and ensure there was no coercion during the signing process.
How Much Does Uncontested Divorce Cost?
Uncontested divorce costs vary by state and courthouse. With or without an attorney, expect total fees under $2,000 and potentially much less if you handle the process independently.
Get Legal Assistance with Your Uncontested Divorce
Whether everyone involved faces an emotionally challenging divorce, whether contested or uncontested. Call Moshier Law!
- “Uncontested Divorce.” Findlaw, 12 Nov. 2019, family.findlaw.com/divorce/uncontested-divorce.html.
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