If a married couple agrees to divorce, the process should be much easier to handle. Though negative emotions may arise and negotiation may be required, the couple will divorce without going to court. Called an uncontested divorce, this legal process usually proceeds more quickly, is less complex, and is less expensive than a divorce in which a couple cannot agree.
In some cases, each party begins on a different page but with help from a family law attorney or mediator manages to come to agreement on division of property, child custody, and financial support. If this happens before the divorce trial, a settlement can be drawn up so the couple need not involve the court for anything other than a divorce decree. Help from a legal expert literally pays off in this situation.
Surprisingly, most lawyers and family court judges prefer a couple to reach a divorce settlement outside of court and divorce by agreement. Once the settlement is drafted, the spouses are not likely to appeal it because they have indicated their agreement to the terms. A divorce settlement should always be put in writing and approved by a court because that legally binds it and makes it enforceable.
Though an agreed divorce is much less complicated than the uncontested version, certain requirements apply. These are dictated by state law and may relate to age and length of residency within the state. A couple should consult with a family lawyer about laws in their state and to learn more about the process and required documents. Many states require a couple to list a particular reason for the divorce. For example, New York law recognizes six reasons for divorce including adultery, abandonment, and imprisonment.
Having an amicable divorce does not mean that a couple immediately agrees on everything. The parties may initially disagree about who will keep the marital home or how much time each will spend with the children. This is where uncontested divorce help from a family law attorney comes in handy. The legal professional will help the couple agree on an arrangement that is fair to each of them.
Divorce is never fun but it does not need to be filled with bitter words or inappropriate behavior. Many couples agree that parting ways is best and they work out the issues involved in ending their marriages. Being able to divorce without a fight and remain out of the court system significantly reduces the amount of stress for all involved.
