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.
The concerns involved in a divorce are immense from who is going to raise the children to how the spouse’s property will be split up. A competent divorce attorney may not only help get the best outcome for you, but also assist you in finding the most economical way to divorce.
How Uncontested Divorce Works
Foremost you should know about an uncontested divorce is that you can do it all on your own or with a lawyer’s help. If you hire a lawyer, the lawyer you use to do the uncontested divorce is not able to represent each spouse. Due to the fact that each spouse will have their own exclusive interests, the ethical principles for lawyers will necessitate that the lawyer represents only one spouse, not both spouses. The lawyer will need to represent only one of you and not the other. The lawyer should need to know at the beginning which of party is their client and which one of the parties is not.
Normally, each jurisdiction will require you to arrange similar documentation to start divorce proceeding: a divorce petition, documents confirming both of the spouses are aware of and are participants in the case, financial declarations disclosing each thing each of the spouses has, a settlement arrangement, and a suggested judgment. There are jurisdictions that may also require you to take part in couples therapy before the divorce is granted. Oftentimes, the necessary documents are available by way of the internet or may be obtained at the county clerk’s office.<<<<<<
Following you creating the papers, and both of you are content with them, you then sign and file them. In many jurisdictions that’s all; your case will be addressed based on the documentation and you will receive your divorce judgment via mail. In different jurisdictions, you are required to go to a hearing with your spouse to state that everything in the divorce document is true and accurate and that you weren’t coerced into signing it.
How Much Does Uncontested Divorce Cost?
The cost for an uncontested divorce is different in many states. At a minimum you’ll have filing costs that are different from state to state and every now and then courthouse to courthouse. Furthermore, you may have attorney fees if you need help with your documentation. Still, ultimately, you will likely have fees of less than $2,000, even with your attorney, and potentially much less (only a couple of hundred dollars) if you take care of everything by yourself.
Get Legal Assistance with Your Uncontested Divorce
Divorce, either a contested or an uncontested one, can be emotionally upsetting for everyone involved. Contact a knowledgeable divorce attorney that can guide you throughout the process to protect your privacy and to guarantee you are protected financially.
Source:
- “Uncontested Divorce.” Findlaw, 12 Nov. 2019, family.findlaw.com/divorce/uncontested-divorce.html.
Uncontested Divorce Attorney in Scottsdale & Phoenix, Arizona
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