What is divorce uncontested? What are the benefits? How do you get a divorce uncontested? And how much does an uncontested divorce cost? If you are asking all these questions, then I am here to answer them.
Divorce Uncontested Meaning:-
An uncontested divorce is a term used to describe a divorce situation where you and your spouse have reached an agreement concerning all the issues of your divorce, probably about how
- you will share the parenting time, custody, and parenting responsibilities.
- The best way to divide the property and the debts of any
- The duration and amount of any child’s support.
- The duration as well as the amount of the spousal support to be given out
Reaching this agreement during your divorce journey means you have agreed to settle out of court. Your next step will be to file a “divorce settlement agreement” and a court form.
The filed agreement documents detail the whole agreement you had on how to share all you had together as a couple, your spousal support, and your proposed ways of taking care of the kids. All these are the results of a divorce being uncontested.
At the end of all things, a judge has to sign the agreed terms of settlement, but it is never a problem. The truth is that no judge can refuse to sign a settlement agreement unless they find out that the settlement is favoring one person or it was done out of duress.
After the approval by the judge, you’ll wait till the set time by the state law before the divorce is finalized.
Note that having your divorce uncontested won’t produce the same result, and all contested divorces are not the same too. It is easier when both couples don’t have a minor in the house or few assets.
The process also works pretty well when your partner is capable of becoming self-supporting or is already self-supporting. If not, things won’t work as you plan.
The Differences Between Contested Divorce And When Divorce Is Uncontested
The best thing that can happen when you want to get a divorce is to have your divorce uncontested. That way, you can save the money you would have spent on a divorce and also have a final divorce on time.
If unfortunately, one of you is not satisfied with the outcome of the agreement and asks the judge to go ahead with resolving the conflict, the divorce will cease to be a divorce uncontested and become a contested divorce.
When a divorce is contested, it means that you and your partner refused to agree on certain issues, which can only be resolved in court. Getting your divorce uncontested will make things easier and faster for you, but the contested divorce takes longer, and that’s because the divorce attorney or the spouse will make some discoveries.
Discoveries here is a legal process where the couples are asked to bring some evidence, including text messages, financial documents, and substantial evidence to contest issues, especially when it looks like one of you is hiding something.
Another big downfall of contested marriages outside of the time and money it takes is that the judge is the chief decision-taker here, but when you make your divorce uncontested, you and your spouse will be in charge of the outcome.
The Advantages of an Uncontested Divorce
The most significant advantage you get when you have your divorce uncontested is that you will save a substantial amount of money compared to a contested divorce. Significantly, an uncontested divorce can be completed, and the only pain you had was just to file the divorce.
Even when you have a divorce attorney involved in doing the paper work or helping during the negotiation, the price is very low, especially when the couple involved have everything resolved without court proceedings.
Also, keeping the conflict low will help the wounds of divorce heal faster.
Who Can Have An Uncontested Divorce?
Every couple that is on the verge of separation can either have their divorce uncontested or have a contested divorce. However, there are some circumstances that make the move almost impossible or not possible at all.
For example, if the couple has substantial assets or minor children, there will have to be a proper and favorable agreement before it can happen. At the very least, there must be agreement on major issues such as assets and children.
Meanwhile, when the disagreement is on one or two important issues, you can still get your divorce uncontested, but you’ll still need to negotiate with your spouse until you reach a consensus.
If you and your partner are able to have a good conversation, then you can talk with each other about it. Ifnot, you can use a mediator or a lawyer to negotiate, but it will increase your cost.
How to Get an Uncontested Divorce
If you want to protect yourself from an uncontested divorce, you’ll need to hire an uncontested divorce lawyer. Every divorce lawyer knows everything about divorce and which papers to file and serve at a particular time. The divorce uncontested forms are usually kept in the state’s “county courthouses.”
Any couple who wants to divorce will start by filing a form, submitting it to the county clerk’s office, paying some fees, and then having the divorce papers served to the other partner. Make sure from your county clerk’s that your paper was properly served, or you will do it again and pay another fee for it.
Although you can correct the form when you make any mistake in filling it out, there will always be some that won’t be allowed. That’s why it’s advisable to contact your lawyer if you have questions.
Do We Need Attorneys in an Uncontested Divorce?
You can handle an uncontested divorce effectively without a lawyer if you want, but you can use a lawyer if you want someone that will help you review your settlement agreement or help you do some paperwork.
If your marriage is a short one, that means you don’t have children or many assets to share, it will be easier to have your divorce uncontested, especially when your state has a very simple process.
Some couples may also use a mediator to make their agreements work for them, and if either of you has a retirement benefit, then you can hire a lawyer or appraiser to value it and possibly prepare a court order for dividing it. But you must understand that you will have to send money if you are using a professional for that.
When you are sure that your divorce papers were served correctly, you will wait for your spouse to file a response, which may mean to sign the papers sent to them, or other things required by the state of divorce.
You can always check on your country to make sure that everything is going as it should. When your partners’ consent papers get to you, you will wait for some time, and depending on the state you are in, your attorney may need to prepare a “settlement of agreement,” or stipulation of agreements, that will be included in your divorce.
Importance Of Using A Divorce Lawyer For Your Uncontested Divorce
It’s not easy to go through a divorce; it is both frustrating and emotionally disheartening. But if you have decided to end it all, and you don’t want to go through your contested or uncontested divorce alone, you can get a divorce lawyer to help you.
There are many benefits to using a lawyer, especially an experienced lawyer for that matter.
The number one importance of using an uncontested divorce lawyer is that they are more knowledgeable about the legal information about divorce than you.
As someone who doesn’t have any legal training, it will be pretty hard for you to decide to go through your divorce alone, no matter how much you research about how to do it alone.
Working with a lawyer will give you access to a great level of legal details about what the divorce law says.
Your lawyer is there to advise you on the best steps to take regarding your divorce.
Obviously, going through an uncontested divorce alone won’t be any easier for you, especially when you have acquired a good number of assets; your greatest challenge will be how to divide the assets.
It becomes more problematic when the assets were accrued by the two of you together. That’s where your lawyer will show their expertise, while you do other things.
Your lawyer is also there to advise you about your debts as well as other financial management as regards your divorce.
You will also get quality child support and child custody advice from your lawyer that will help you avoid future problems.
There are many advantages, so don’t even try to do it alone, because, of course, you can’t do it on your own.
With the right steps you can get your divorce Uncontested, and things will be much easier for you. In this post, I wrote the steps by step ways you can achieve that.
You will also find out how you can locate divorce Uncontested lawyer to help you. Read the post to understand how.