Essentially, an uncontested divorce is when both spouses can agree to the important terms in their divorce. This should allow them to bypass court, saving time, money, and needless stress. A couple may only need to wait as long as state law requires, and then a divorce will be granted to them. This process also means having the ability to decide the terms of your future instead of leaving them in the hands of a judge who barely has time to look over your case. Of course, even this easier divorce can be far from simple. You first have to create the agreement, after all. Read on to learn who the best candidates for an uncontested divorce are, when you would need an attorney, and more.
A situation that is best suited to pulling off an uncontested divorce is one where spouses do not have children or real estate. It also is simpler if each spouse has work or can easily get more work, thus eliminating the need to agree on spousal support payments. There may even be a faster process for such couples (in some states only) if the marriage was short. That being said, many couples can achieve an uncontested divorce. The crucial thing to have in order to get an uncontested divorce is agreement, enough agreement to create your own divorce settlement. That means agreeing on the following issues that apply in your divorce: child custody, your parenting plan, child support, alimony, and the division of assets and debts.
This means that even couples with children and a high net worth could still reach an uncontested divorce. Even if a couple has some disagreements on a major issue, they may still be able to work this out. If not, they could still be candidates for divorce mediation, which would still save them time and money compared to a contested divorce.
When an Uncontested Divorce Won't Work
Of course, this process is not feasible in every situation. This would be the case if there has been a history of domestic violence. Another situation where an uncontested divorce might not work is when spouses have strong disputes over key issues in the divorce. If situations are extremely unbalanced, such as in cases where one spouse has a much higher earning capacity than the other, or when one spouse bullies the other, it is unlikely that a couple will be able to achieve an uncontested divorce. The good news is, an uncontested divorce is not your only option. There is also collaborative divorce, divorce mediation, and perhaps divorce arbitration. You can talk to a legal expert concerning your divorce alternatives.
Do I need a lawyer for an uncontested divorce?
Usually speaking, yes. Perhaps the simplest of divorces can be done by simply filling out the paperwork. But the biggest pitfall of any DIY divorce is that vital issues could be left out, you could unwittingly be waiving your rights, or your wishes may not get translated accurately in the legal paperwork, leaving you with a divorce agreement that you did not really want, one that is unfair, and one that will not hold up in court. Also, family law varies a great deal from state to state, and these are laws that are always changing. Divorce attorneys get a lot of business from people who realize they have to fix their DIY divorce. You can save yourself time and money in an uncontested divorce by hiring a lawyer right away.
If you can file jointly under your state's laws, then you may need to only hire one attorney. If you agree to the divorce beforehand, however, and only one spouse actually fills out the paperwork with a lawyer, the other spouse should also have their own attorney who can go over the paperwork to make sure that it is balanced fairly, protecting both parties' rights.
To learn what your options are for getting an amicable divorce, contact a skilled divorce attorney from our directory today!