What is an uncontested divorce ?
What is an uncontested divorce?
Uncontested divorce: this divorce literally means there are no issues that can be contested during the divorce. The issues are solved between the spouses. These issues may include house, assets, visitation, child support, child custody, alimony and also pets if any.
Both the spouses can file the divorce with pro se or through self help division. Some divorce attorneys can also help with such divorces charging some minimalist fees. The spouses are required to sign and agree on all issues and the divorce is termed as uncontested divorce.
Uncontested divorce is simple and inexpensive and offers to end the marriage quietly and in a dignified way.
Advantages of uncontested divorce:
- Uncontested divorce is simple and less messy.
- The procedure of uncontested divorce is quick as no issues are involved.
- There are no arguments, costs and appearances.
- It is private and is les emotional.
- Both the spouses may walk away calmly and relatively pleased.
Disadvantages of uncontested divorce:
- The uncontested divorce is very simple. Resolving things like joint title in real property, owe money jointly, special needs of children, may be problematic in case of uncontested divorce.
- A lawyer represents both the spouses in case of uncontested divorce. This is seen as imbalance of power between the spouses.
Exceptions for an uncontested divorce:
- In case there are children involved, their needs are different and simple parenting split may not work. There may be a need for a judge to help in the matters.
- Domestic violence issues are legal and cannot be addressed in an uncontested divorce. There is a need for the involvement of attorneys in these matters.
- In case there are communication problems in the spouses, uncontested divorce is a poor idea. There may be problems in cooperation and mediation.
Legal aspects of uncontested divorce:
- Both the spouses have a choice to be represented by an attorney. You may wish to do things on your own depending upon the complexity of the marriage. It will cut down the costs and allows you to use the money wisely and for your other needs.
- In case of complicated marriages, an attorney may be a good idea. In this case, both the parties may prosper from the divorce instead of messing matters further.
Costs of uncontested divorce:
- The costs of uncontested divorce depend on many things.
- The length of divorce process
- Involvement of attorneys
- Depends of the state you reside
- Filing fees
- Preparation fees for papers
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