Anyone considering ending their marriage wonders what exactly is an uncontested divorce? An uncontested divorce occurs when both spouses divorce by agreement and the situation meets state guidelines. This type of divorce may cost less money and proceed quicker than a contested divorce will. If divorce seems like the only option, talk to an experienced divorce attorney to find out if the uncontested approach is appropriate. The only sure fire way to get through your divorce without unnecessary fights and arguments is to speak with a divorce lawyer that can let you know if you qualify for an uncontested divorce for your personal situation! Connect with a family law attorney for free!
Do You Qualify for an Uncontested Divorce?
When both spouses agree upon property division, child custody, child support, and other major divorce issues, divorce that is uncontested may be the best solution. One party files documents to initiate the divorce and the remainder of the paperwork is usually streamlined and includes child custody and property distribution information. Following agreement by the other party, the court grants the divorce and the process concludes.
Uncontested divorce help from a qualified attorney may add to the costs but this expense is usually worth it. Since the procedure is streamlined, attorney fees tend to be lower than they are with a contested divorce. There are less legal negotiations and fewer proceedings so court costs should also be lower. Couples can divorce without a fight and get on with their lives quickly and without much information becoming part of the public record.
If the couple has children, owns complex assets, or disagrees about spousal support, this type of divorce may not be appropriate. If they are pursing uncontested divorce in some states, couples with children must make additional filings regarding child custody. Laws in other states prohibit couples from filing for this type of divorce if they have children. Contested divorce proceedings are required to legally resolve child custody issues and this process usually takes longer.
What Issues Must Be Considered for an Uncontested Divorce?
There are many issues to consider when divorcing. Once a divorce decree is signed, both parties are expected to abide by it. If one does not, the other can petition the court to intervene. This involves filing an Order to Show Cause of why the other party should be held in contempt. The other party is then entitled to explain why he or she should not be held in contempt for non-compliance or take steps to comply with the divorce decree.
An attorney experienced with divorce cases can provide help before, during, and after a marriage is dissolved through the uncontested process. By serving as an objective third party, the lawyer can help the couple to divorce without fighting. At the same time, the couple minimizes the time and money involved in this process and each party is granted everything expected. Get the uncontested divorce help you need today, connect with an expert family law attorney today for free!