uncontested divorce

What happens when you find yourself and your partner looking to seek a dissolution of marriage?

Covid-19 is, at least for now, a very real impediment to normal life. It affects our interactions with friends and family, our vacation plans, and of course, what services are available to the community. Congruently, and perhaps in contention, life still moves on. So, what happens when you find yourself and your partner looking to seek a dissolution of marriage?

First, it is important to understand that the courts are now moving at a much slower pace. Despite the court’s admirable and reasonable attempts to keep both staff and parties safe, they have also slowed the process. At this time, many of the courts will only hear cases telephonically or by Zoom. While this does protect all parties’ health, it also means that each matter must be afforded more time to connect and discuss any issues. As a result, The Law Betz Law Firm has seen a great increase in the amount of time it takes to resolve contentious divorces.

There is a silver lining. An uncontested divorce occurs when both parties agree on the basic terms of custody and division of property. By removing the need to debate in court, parties greatly reduce the amount of procedural time needed to execute a marriage’s dissolution. Further, all drafting and discussions can easily be held remotely. Remote work means that you and your loved ones are not exposed to potential infection. Finally, as with all things, time is money. Your family’s assets can be put towards other endeavors by reducing the time spent communicating with the courts and attorneys.

If you and your partner wish to discuss the process behind an uncontested divorce, then please contact your trusted St. Louis Betz attorney at the Law Firm for your free consultation.

Under the right circumstances, an uncontested divorce can help a couple end their marriage peacefully and with dignity.

Ending a marriage is never an easy process. However, there are more straightforward ways for a couple to divide material assets, deal with child custody issues, and handle other matters. When both spouses can end their marriage and arrive at a mutually acceptable agreement about their final divorce settlement, without going to trial, this is an uncontested divorce.

Lower Costs and Expenses

An uncontested divorce gives a couple a chance to end their marriage peacefully and with dignity. However, the most apparent advantage of an uncontested divorce is its cost. It is almost always the least expensive way of getting a divorce.

While it is always advisable to have an attorney when getting divorced, an uncontested divorce means lower court costs as well as lowered attorney fees.

Private and Confidential

While the negotiation statements are filed with the local court, it is not necessary for all of the disclosures and agreements made between the divorcing parties to be put on the public record. This means that negotiations, conditions, and personal statements are kept between the divorcing couple. Because it is not available for the public, it lowers the friction that may be brought about by external factors.

Faster Resolution

An uncontested divorce shows that a couple is concerned about their dignities. Conflict is eliminated, and the marriage is simply ended. Unlike going to court, an uncontested divorce settles all issues and lays out all of the terms for ending the marriage. Therefore, it is obviously quicker because there is no wait to schedule a court appearance.

Less Stressful

An uncontested divorce is less stressful than a contested one. If there is alimony, child custody, or infidelity involved, a contested divorce can get unpleasant. However, when a couple can come to an amicable agreement and file an uncontested divorce, there is much less stress involved. Also, a lawyer can assist with dividing the couple’s assets in a way that is fair for both parties and this helps reduce a stressful situation.

The Cons of an Uncontested Divorce

Each situation is different, and so there are some circumstances where an uncontested divorce is not advisable. For instance, if there is a history of domestic violence, emotional abuse, or some other inequality in power in the relationship, this generally leads to one spouse having an unfair advantage over the other.

If a couple cannot talk to each other without fighting or if one spouse refuses to have any discussion about the divorce, an uncontested divorce is not the right option.

Complications arise when one of the spouses decides to back out of an uncontested divorce.

Uncontested divorces often spell the easier way out for couples who want to get divorced. With no major divorce-related issues like division of property, assets, and debts, spousal support or child support and custody, etc. to mull over, uncontested divorces usually come through very smoothly. However, not all divorces have the same outcomes. Complications can arise in cases of uncontested divorce as well, especially if any one of the spouses decides to back out of the uncontested divorce after signing the documents. Here is what can be done in such cases.

Recalling an Uncontested Divorce Filing

The timing of a party backing out of the uncontested divorce that has been filed has to be taken into consideration. Typically, these situations are usually taken care of by recalling the divorce filing. The process may not require a hearing depending on the case and the circumstances under which the recalling has been filed.

While the recalling procedure is usually simple, if a judge has signed the uncontested divorce agreement and passed his judgment, it is final. The recalling procedure also becomes difficult if the period before the finality ordered by the court lapses.

While each case is different and not all recalls have the same outcome, there are certain factors that affect the decision of the court:

1. The time period between a recall request and the finality of the uncontested divorce matters.
2. The unconscionably of the agreement makes a difference.
3. Any new evidence affecting the divorce matters.

Apart from these, a host of other case-specific considerations made by the court affect the recalling decision of a filed uncontested divorce. It is definitely not easy to get any court to set aside a signed filed judgment.

What if One Party Does Not Abide by the Divorce Judgment?

In some cases, the spouse who has had a change of heart with respect to the uncontested divorce, and has requested a recall, might refuse to abide by the judgment of the court and the divorce agreement. In such a case, a contempt proceeding can be filed against the offending party. A contempt proceeding is an appeal to the court to force the offending party to abide by the laws of the divorce agreement.

The court then has the power to:

• Issue fines on the offending party
• Place the offending party in jail, or,
• Make the offending party pay for the attorney fees of the filing party

There are many other methods the court can apply to enforce the laws set by the uncontested divorce and get an offending party to abide by them.

Violations of Custody and Visitation Rights in an Uncontested Divorce

Violating a divorce agreement is definitely not accepted by any court. In cases of violations of custody and visitation rights in an uncontested divorce, the court can:

• Award a compensatory period of visitation, custody or third-party custody as convenient to the aggrieved party.
• Necessitating counseling for the offending party to impress the importance of providing a child with a meaningful relationship with both parents.
• Placing a fine of up to five hundred dollars on the offending party, to be paid to the aggrieved party.
• Requiring the offending party to post bond or security to ensure future compliance with courts orders.
• Making the violating party bear the cost of counseling and to ensure re-build the relationship between the aggrieved parent and the child.

St. Louis Divorce Attorney

Complications in an uncontested divorce can spiral into a series of court proceedings and hearings, notwithstanding the unpleasantness, stress, and tension. The Betz Law Firm can help minimize these issues and help a divorce case run as smoothly as possible.

Call us today for a FREE 30-minute phone consultation at (314) 801-8488. You can also fill out our online contact form.