An uncontested divorce is a simple process in which the parties can reach an agreement without a lawyer’s help. However, no state requires a couple to hire an attorney. Although it is not mandatory, it is advisable to consult with a lawyer if the divorce involves complex financial assets or issues. Alternatively, a lawyer can help the parties negotiate a settlement. A lawyer can review the document if the couple cannot agree on a settlement agreement.
Uncontested divorce
An uncontested divorce is a type of divorce where both parties agree on all aspects of the dissolution of their marriage. This type of divorce does not require the assistance of high-powered attorneys or destroying each other’s lives. If you’re thinking about getting a divorce, uncontested divorce may be a good option for you and your wallet. Also known as collaborative divorce, uncontested divorce is an option you might want to consider if you and your spouse are still on good terms.
An advantage of uncontested divorce is that the entire process is quicker. You can expect the uncontested divorce to be completed in less than six months. Moreover, avoiding the court process saves both parties time, money, and heartache. While a contested divorce can take years to finalize, the pre-trial process and trial itself can add months to the process. Delays may also cause the final judgment to be delayed.
An uncontested divorce may not be the right option if one of the spouses is aggressive towards the other. Depending on the type of divorce, it may create unfair advantages for one spouse over the other. For example, a spouse who is abusive towards the other may need legal representation in order to obtain a fair and equitable distribution of assets and debts. However, an uncontested divorce can also be beneficial if the couple can agree on a settlement that protects their interests.
Process
The uncontested divorce process involves both parties reaching an agreement on all major issues. For example, a spouse can file for divorce if they and their spouse are in agreement on the division of their assets, child custody, and child support. After the parties reach an agreement, they must decide on the next step, which can be either remaining legally separated or obtaining a divorce. Generally, a couple can choose to pursue an uncontested divorce without the help of a lawyer.
A judge can grant a judgment of divorce in an uncontested divorce. The spouse who filed for the divorce will be required to attend the hearing but does not have to. The judge will require the plaintiff to bring a certified copy of their marriage certificate or the original. Depending on the court system, this process may take anywhere from six weeks to 12 months. However, if there is no disagreement on the divorce papers, the divorce may be finalized in as little as six weeks or as long as 12 months.
An uncontested divorce is advantageous for couples with no disagreements regarding property division. It allows the couple to dissolve the marriage in a less public way, with the least amount of legal wrangling. Even if one spouse wishes to retain custody of the children, the process can be streamlined for the children’s sake. It also allows the couple to end their marriage in a more private, civil way.
Cost
An uncontested divorce can save a couple of thousands of dollars. Unlike a contested divorce, uncontested divorces tend to result in large settlements. However, divorces involving spousal support and property division can cost more. In addition, litigation can add a tremendous amount of time and paperwork to the proceedings. However, in some cases, an uncontested divorce is better for the family budget. Here are some ways to keep the costs of an uncontested divorce down.
The cost of an uncontested divorce is usually lower than that of a fought divorce and depends on whether you hire a lawyer to represent you. To cut down on the expense of a divorce, you should take good notes, save your questions for one efficient Q&A session, and draft the divorce agreement in the correct legal language. Before hiring a divorce attorney, explain your budget and ask for an hourly fee guideline. Attorneys are businessmen, and they will not want to charge you an exorbitant amount.
Hiring an attorney can add up fast, so it is best to hire an uncontested divorce lawyer to represent you. They can help you file the necessary documents and can guide you through the lengthy litigation process. However, uncontested divorces are designed to be uncontested and have minimal disagreements. This allows for a speedy divorce with less paperwork and less expensive divorce attorney fees. If you and your spouse agree to an uncontested divorce, you’ll be able to get the divorce settlement you need in a shorter period.
