An uncontested divorce can guide a couple to end their marital relationship peacefully and with dignity under the right circumstances.
Whatever your marital status, going through a divorce can be devastating; regardless of how long you’ve been together. Along with detaching yourself from your partner, it is extremely difficult to separate personal belongings that you both have accumulated over the years, decide on child custody, and restart your life.
What Is Uncontested Divorce?
A divorce doesn’t always have to be a contentious experience. When a divorce is contested, the outcome is left up to the court, whereas in an uncontested divorce, both parties agree on the divorce terms. If you and your partner can agree on the vast majority of issues, an uncontested divorce may be the best option for you.
Eligibility for Uncontested Divorce
If you want a divorce that isn’t contested, you and your spouse must agree on the decision first. The two of you must also be able to agree on issues such as spousal support or alimony payments, property division, and custody and visitation for your children.
Benefits of an Uncontested Divorce
Divorce is often a traumatic experience for both parties involved. As a result, people tend to act irresponsibly and exhibit their worst traits. In other cases, divorce is a topic on which many couples agree. They are aware that their marriage isn’t working and are ready to end it.
You don’t have to go through a savage divorce as you’ve seen on television. You have the option of going through with an uncontested divorce and moving on. If you and your spouse have agreed on the divorce and all of the issues that go along with it, it is called an uncontested divorce.
There is no need for a court appearance in an uncontested divorce, which is a huge advantage. Explaining your case in front of a judge can be nerve-wracking and add to the anxiety of an already stressful situation.
Here are some of the benefits of an uncontested divorce.
1. Uncontested Divorces are Faster
The speed of the process is one of the advantages of an uncontested case. These divorces can be finalized much more quickly. On the other hand, contentious divorces can drag on for months, if not years. For most people, a lengthy divorce process isn’t ideal.
Uncontested divorces can be completed in as little as two months. To begin, you and your spouse must come to an understanding. Negotiating a deal with your spouse will take a few weeks of discussion. Afterward, you’ll need a lawyer to draught the documents and sign them.
The length of the process may vary depending on how much you and your spouse have to talk about and how close you are to an agreement when you begin the discussions.
The next step is to file and complete the case. Once you’ve filed the case, the judge will have to wait a few days to sign off and finalize your dissolution of marriage. Even though you can’t speed up the case filing process, at least the hard part will be over. An uncontested divorce will still be faster than a contested divorce, even if it takes longer.
There is no need to make all the disclosures and agreements between the divorcing parties public while the negotiation statements are filed with the local court. This means that the divorcing couple’s negotiations, conditions, and personal statements are kept private. Because it is not accessible to the general public, it reduces the potential for external factors to cause friction.
3. Total Control
In a divorce, the power is in your hands once you and your spouse have reached an agreement on all of the terms. As soon as the case goes to court, you lose control of the proceedings.
You and your spouse may not be pleased with the outcome of the judge’s rulings. The judge has no idea about your past, desires, or future. What they hear in court and the laws of your state guide their decisions.
Negotiating outside of court is the only way to get exactly what you want. You’ll have to make some concessions, so don’t expect to get everything you want out of this, but you’ll have a much better chance of success if you and your spouse work together on the most important issues.
4. Better Relationships
This is especially relevant when children and teenagers are involved. You and your spouse have a moral and legal obligation to protect and care for your children. Both parents being miserable or hateful towards each other will hurt the children.
In some cases, it’s impossible to avoid this. Parents who can resolve their differences without the assistance of a judge are best served by working together and sharing the responsibility of raising their children.
5. Saves Legal Fees
It takes a long time to go through the legal system. Due to the extensive time required to deal with the legal predicament, attorneys’ fees tend to be high. This includes the time spent communicating with their clients, communicating with the other side’s attorneys, and appearing in court, as well as the time spent drafting discovery requests and responses, taking depositions, and preparing for trial.
The cost of an uncontested divorce is lower because you and your spouse handle most of the arrangements. There are a lot of fine details to work out in a divorce, including alimony payments, child support payments, and the division of assets.
You and your lawyer will both save time because you’re working together to come up with these figures. This means that you could save money in the long run.
Uncontested divorces are better than contested divorces in every way. You can save yourself a lot of hassle, as well as money, and gain more control over the process. Is it worth it to try and work out an agreement with your spouse before going down this path? If not, it is at least worth the effort.