Terminating a marriage is at no time an easy straightforward process. However, it may be easy in some cases when the couple is able to stay considerate and agree on by themselves how to divide their marital assets, manage custody and support issues, and deal with any additional issues. Commonly called an uncontested divorce, it could be hard for divorcing spouses to achieve in a lot of situations, but the merits can be great in the correct instances.
Uncontested Divorce Pros
An uncontested divorce permits spouses getting the divorce the advantage to end the marriage quietly and with poise. The most striking upside of an uncontested divorce is how much it cost. Uncontested divorces that stay uncontested are practically always the more cost-effective way of getting a divorce. The decreased cost is not, in contrast, the only upside. If the extent of conflict amid the couple stays negligible, an uncontested divorce gives an approach to make sure it stays that way. It’s more quiet, more mutual, and probably will possess more of the marital assets in the couple’s hands and out of the reach from the attorneys, process servers, accountants, and other individuals essential for total divorce proceedings.
Overview
- It’s commonly more economical and takes less time to finish because you don’t have to go to court.
- When the divorce is uncontested and less combative there is also a less likely hood that the judgment will be re-contested afterward.
- Research shows that mediation can have greater effects psychologically for everyone involved in the relationship with, like the children.
- You manage the agreement. Through fighting, a lot of couples forget that the divorce is theirs and that they control their futures. Asking for a judge to be in the decision-making can occasionally muddle things up.
- Discretion — reduced specifics about your life and the marriage are documented through court records than if you were to go to court.
Uncontested Divorce Cons
Uncontested divorces may not be suitable in situations involving domestic violence, emotional abuse, or imbalances of power in the marriage, which often result in one spouse having an unfair advantage. In such cases, hiring an attorney becomes crucial to advocate for the disadvantaged spouse. Communication issues can also render uncontested divorce impractical, especially if discussions lead to fights or if one spouse avoids conversations about divorce. If progress is essential but communication is difficult, opting for a contested divorce with legal representation is advisable. Additionally, if property disputes or disagreements over marital assets exist, uncontested divorce procedures may not be sufficient. Lastly, if both parties are uncomfortable with the legal aspects or find the process daunting, consulting an attorney for assistance with the necessary paperwork is a wise decision.
Overview
- If there’s a narrative of domestic and/ or psychological abuse or a likewise power balance, contested divorce is preferable. A spouse that is abusive spouse shouldn’t get the shot to sway negotiations to their advantage.
- If the parties can’t come to an agreement on all matters to complete the marriage (division of assets, child(ren) custody, debt allotment, spousal support etc.) then this may be a drawn out and unaccommodating process.
- If in the end ineffective, an uncontested divorce doesn’t eliminate your right to a contested court procedure. You can head to court regardless and mediation could seem like a huge waste of time and money.
- Individuals that are unexperienced with the legal system or who aren’t comfortable in going through the documentation by themselves could be more confident going to court. Uncontested divorces needs additional work by each spouse.
How Uncontested Divorce Works
Uncontested divorces can be handled independently or with a lawyer. If you choose legal assistance, the lawyer can only represent one spouse due to individual interests. Jurisdictions typically require similar documents: a divorce petition, proof of spouses’ awareness and participation, financial disclosures, a settlement agreement, and a proposed judgment. Some may mandate couples therapy before granting a divorce. Documents are often available online or from the county clerk’s office. After creating, signing, and filing the documents, some jurisdictions process your case based on the paperwork, delivering the divorce judgment via USPS. In others, a hearing with your spouse may be required to affirm the document’s accuracy and ensure no coercion during signing.
How Much Uncontested Divorce Cost
The cost for uncontested divorces deviates greatly state by state. At the lowest, you will have filing fees that are different by state, and on occasion sometimes courthouses. Furthermore, you could have attorney fees if you require assistance with your paperwork. However, ultimately, you’ll most likely have fees less than $2,000, with an attorney, and probably a lot less (one or two hundred dollars) if you take care of everything on your own.
Source:
- “Uncontested Divorce.” Findlaw, 12 Nov. 2019, family.findlaw.com/divorce/uncontested-divorce.html.
