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Divorce can be a difficult and expensive process. Fortunately, if you and your spouse can decide on all the terms for the divorce without needing to get the courts involved, then you can have an uncontested divorce. This will cost both of you much less and be a more convenient process.
It’s still best to consult with a Manhattan divorce lawyer to put together the paperwork for your uncontested divorce. This guide will cover the ins and outs of uncontested divorce, along with how an attorney can make the process easier for you.
What Is Uncontested Divorce?
Divorces can get messy, because couples need to agree on how they’ll divide everything, if either spouse will get support and what they’ll do with their children, should they have any. There are two ways this can go:
- The couple figures out all the issues on their own.
- The couple disagrees on one or more aspects of their divorce and need to go to divorce court to have it settled.
The former situation would be considered an uncontested divorce, whereas the latter would be a contested divorce. An uncontested divorce will typically be much quicker, because neither side needs to present their case, and there won’t be any court proceedings. Since there’s far less work involved for your divorce lawyer, their fee will be much lower.
To have an uncontested divorce, there are many items you and your spouse need to discuss and agree on. Here are the most common things to consider:
Division of Assets
Depending on the marital assets you and your spouse have, it could take some time to divide everything. Assets here include any property and money you two have. You will also need to decide how to divide any shared debt.
If one of you makes more money than the other, Spousal Support may be appropriate. If so, you’ll need to agree on an amount and how long this will be paid.
If you two have any children together, then you’ll need to set up a custody arrangement. Depending on who has the children more and who makes more money, you two may also want to set a child support amount.
Can You Change Your Type of Divorce?
It is possible to start with one type of divorce, and then later switch to the other type. You and your spouse could go from either an uncontested divorce to a contested divorce or vice versa.
Let’s say that you two start by filing for uncontested divorce, but as you go through the process, you no longer agree on something. If you can’t figure it out, then you two will need to go to court. At that point, your uncontested divorce has become a contested divorce.
If you two have been going through a contested divorce, but then come to an agreement that works for both of you, you can switch to an uncontested divorce.
Why You Still Need a Lawyer for an Uncontested Divorce
Considering an uncontested divorce is the simpler option and really only requires filing some paperwork, you may wonder why you should hire a divorce lawyer at all.
There are several reasons why it’s still in your best interest to get a divorce lawyer for this. One of the most significant is so that your lawyer can check out the divorce agreement and make sure that it’s fair. If you have accepted an agreement that is unfavorable to you, your divorce lawyer will let you know instead of you regretting the agreement later. Divorce courts can also throw out unbalanced divorce agreements, which is why it’s good to have a lawyer check your agreement out first to ensure that it goes through.
Even filing for an uncontested divorce can be a bit tricky. It’s a process most people aren’t familiar with, and all the paperwork needs to be filled out correctly. You’re better off having a professional handle the paperwork for you to avoid any mistakes. Your divorce will process more quickly, and you won’t get stuck paying multiple filing fees because of any errors.
An uncontested divorce is certainly the way to go if you and your spouse can agree on one. Divorce is stressful enough as it is, and at least getting through it quickly will minimize your stress.