Understanding the Law- Information about Uncontested Divorces

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Helena Jurado, Negosentro | When two people agree to divorce and go their separate ways, they can save money and time through organized court procedures by opting for an uncontested divorce. Although there are some complex divorces that may not be within a state’s parameters for uncontested divorces, being informed as a couple and agreeing on the major issues of divorces such as child custody, support arrangements, spousal support and property distribution, you can save a lot of resources with this type of divorce.

Eligibility

  • Uncontested divorces are ideal for couple who do not have disagreements in regards to the basic issues of divorce like child custody, spousal support and property division.
  • An uncontested divorce typically starts in the same way as a contested divorce when one side files for divorce. It features streamlined paperwork that consists of filing child custody and property information as well as a statement that pertains to grounds for divorce.
  • When the other side does not make an appearance or agrees to an uncontested divorce, the court may grant it. If a spouse is not in agreement and the required court filings are made, an uncontested divorce will not be granted.

Benefits

One of the main benefits of uncontested divorces is lower divorce costs. Although it is advisable to have attorney representation for an uncontested divorce, streamlined procedures will facilitate reduced court costs along with lower legal fees. Uncontested divorces enable couples to have their divorce granted faster than a contested divorce.

Couples can move quickly with fewer legal issues and proceedings. While all divorces usually involve conflict, choosing to proceed with an uncontested divorce will minimize the conflict between the parties by giving fewer situations that will cause conflict to arise. There are fewer demands for exchanging information and resolving disputed aspects of the divorce will require fewer proceedings.

Issues of Divorce

The core of every divorce consists of four key issues that include division or marital or community property, custody of children, division of debt and child or spousal support. Although no divorce is completely void of disagreements, disputes do not have to be dealt with in court every time.

An uncontested divorce makes it possible for spouses to reach an agreement regarding the terms of a divorce without trial. Such a divorce typically moves faster through courts and is less costly than a contested divorce.

Mutual Terms

Couples that seek a divorce should try to figure out mutual terms for their separation. For spouses that are unable to resolve their disputes without help, they can utilize mediation and arbitration with attorney representation. This helps to save a lot of time and money by avoiding the long and time consuming litigation process and trial.

Considerations

Uncontested divorces usually reduce hostility and enable both the parties involved to get back to their lives faster. Contested divorces are characterized by technicalities in legal procedures, high financial risks and complex issues.

While people have the option of performing uncontested divorces without attorneys, litigation usually makes it necessary to hire experienced counsel for an uncontested divorce. If a spouse decides to contest or fight a case, consulting a qualified attorney is recommended.  

 

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