The Meaning Of Uncontested Divorce
Last Updated on
In every divorce, the pertinent issues touch on four crucial issues. These issues are the division of property, child custody, child support and alimony. Uncontested divorce means that the divorcing couples have agreed on the major issues surrounding the divorce. The best part about uncontested divorce is that if the divorcing spouses reach an agreement, they will file their paperwork without the necessity of court appearances. Once the required period set by the state law elapses, the divorce will be considered final. However, uncontested divorces are dissimilar. Additionally, some uncontested divorces do not run smoothly. Normally, when you and your spouse do not have minor children, no tangible properties and have few assets, uncontested divorce becomes simple. Uncontested divorce may be effective for self-supporting spouses.
Divorcing couples having minor disagreements in a given area or two may be able to avoid the costly contested divorce in courts. However, they will be required to negotiate with each other until such a time when they will reach a complete agreement. If they can communicate effectively, the couples can negotiate directly. If you and your spouse are not feasible, you may choose to enlist the services of a mediator to help in ferreting out the disagreements. It is also possible to seek the services of attorneys. However, this option will only increase the cost of divorce.
If couples are having complex situations, they may carry on without attorneys. Nevertheless, they will need to trade cautiously as one or both parties may give up substantial legal rights. It is important that one understands what the laws in his or her jurisdiction states about divorce. In some states, divorcing couples are allowed to file their paperwork jointly. In different states, it is usual for divorcing couples to acknowledge the terms of divorce and have one spouse enlist attorney’s services to lead in the preparation of the paperwork. In this situation, the attorney can represent only one party and leave the other party that is not represented at a great legal disadvantage. Before the divorce is finalized, it is always advisable that the divorcing couples hire an attorney to go through the paperwork.
One of the benefits of uncontested divorce is savings in terms of divorce cost. One can complete an uncontested divorce by paying the court filing fees, which is usually a few hundred dollars. Even when the divorce couple has used the services of an attorney to prepare and review the paperwork or aid in negotiations, the fees remain low. The fees will be low provided the couples reach an agreement without undertaking court proceedings. Through uncontested divorce, you and your spouse will stay out of courts. In addition, minimizing conflicts can aid in speeding up the recovery time. Couples having complex situations and regular disagreements may not find uncontested divorce to be of much help.
Even though uncontested divorce may not be a solution to different divorcing couples, it is always imperative that before opting for contested divorce that a couple considers out of court arbitration. Protracted litigation is expensive and adversarial. It is for this reason that limiting litigation is always important in conserving assets and reducing conflicts.
Uncontested divorce lowers the conflicts between the divorcing spouses by having fewer opportunities that can cause conflicts to arise. Information made in a divorce proceeding is open to the public unless it was filed under seal, which is rare. Through uncontested divorce, less information is filed with the court. This way, less information will go to public records. As such, divorcing spouses may opt for uncontested divorce given that they will minimize the private information to be made public. The issues involved in any divorce are many. They range from who will support the child to how the property shall be divided. To this end, an experienced divorce attorney can be of much help to you. The attorney will find a cost-effective path to complete the divorce besides guarantying you better results.