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.
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.
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.
Speak With an Experienced Attorney
Our firm uses experience, good communication, and availability to help families get through life changing events.
Call (314) 801-8488