Many times divorces can be messy. And be physically and mentally exhausting for both parties. Not to mention all the time, money, and effort married couples have to spend in order to get a divorce.
However, that isn’t always the case. And, in some instances, you can have what is known as an uncontested divorce.
In these situations, married couples settle their divorce without too many problems and/or court conflict.
This kind of divorce is called as an uncontested divorce. But what exactly is an uncontested divorce?
In this article, we will cover the basics of what an uncontested divorce is. In it you will get some important information about this type of divorce and how it works.
What Is An Uncontested Divorce?
An uncontested divorce is a type of divorce where there are very few, if any, disagreements between you and your spouse.
In an uncontested divorce, both parties reach an agreement on a multitude of issues divorcing couples must address. These main issues will typically include the following:
- Parenting responsibilities and custody of the children
- Amount and duration of child support
- Amount and duration of spousal support
- The division of property
- The division of debt
If both parties reach agreement on these issues, then it may not be necessary for the divorce proceedings to ever reach a courtroom.
Instead, you will just need to file a “divorce settlement agreement”. This is a document that outlines the details of the couple’s agreement on parenting responsibilities, division of assets, etc.
Do You Need an Attorney For An Uncontested Divorce?
You do not need an attorney when you file for an uncontested divorce. It is a process you and your spouse can do on your own.
However, there still may be reasons to use a divorce attorney in this situation. There are still plenty of legal documents to fill out which an attorney can help with. And, depending on the situation, it may be helpful to have a divorce attorney help in negotiating the terms of the divorce.
Also, there will be changes to taxes, your will and/or trust, etc. that need to be made due to a divorce that an attorney can help with.
Finalizing An Uncontested Divorce
The judge must approve your settlement and finalize the divorce. Most of the time, the judge will approve the divorce settlement agreement.
However, if the agreement is one-sided or unfair to one party, then the judge may disapprove it. The judge may also not approve of the agreement if the settlement agreement was arranged while one party is under duress.
When Things Don’t Go Smoothly
The above describes the typical situation in an uncontested divorce. However, there are other situations where one may occur.
For example, if one party does not respond to court divorce papers that were served to them, the divorce may be considered uncontested.
Even though an uncontested divorce may sound like it does not have any problems, this is not the case all of the time. They do not always run smoothly.
It is not the best option if the reason for divorce is domestic and emotional abuse. In situations like this, the disadvantaged spouse may need a divorce attorney to help them.
It is also not a great option if you and your spouse are having difficulties making decisions and settling on an agreement.
At the end of the day, couples who are going through a divorce usually want it to be over as soon as possible. As we have said, divorces can get messy, and be time-consuming, and draining for both parties.
If you and your partner agree to separate amicably, and are on good terms prior to the divorce, then an uncontested divorce may be the way to go. It can save both of you a lot of time, money, stress, and effort.