An uncontested divorce is one in which there is no disagreement over any aspect of the settlement, and neither spouse contests the dissolution of the marriage. It’s the least costly path to legally calling it quits. Unfortunately, it’s not always an option.
All divorces involve 5 main issues. First, the couple must decide how to divide their assets. Second, they must settle on which spouse should get custody of their children. Third, they need to determine how much (if any) child support should be paid to the person granted legal custody. Fourth, the couple must decide whether one spouse will receive alimony payments (called spousal maintenance). And finally, if the couple has debt, they need to figure out how to split it.
Whether both parties agree on these 5 issues determines whether they can file an uncontested divorce. If disputes arise and cannot be settled through compromise or mediation, the spouses might find themselves fighting over terms in court.
Assets, Kids, Alimony, And The Uncontested Divorce
Most disputes center around assets, custody, and spousal maintenance. For example, one spouse may feel that she should get the house since her husband gets to keep his 401(k). Or, they might squabble over which person gets legal custody of their kids, or how often the other person can see them. Or, the husband might feel that he shouldn’t have to pay as much alimony as his wife wants.
First, disputes are common. Second, it’s important to realize that they don’t preclude filing an uncontested divorce. There are options, such as mediation, that are designed to help divorcing spouses resolve disputes over the terms of their settlement. There is rarely a need to go to court.
If a couple has zero assets, no children, and both parties have full-time careers that allow them to be self-sufficient, they’re unlikely to disagree regarding the settlement. Their marriage can be dissolved easily without going to trial. Having said that, most divorces involve some degree of conflict. The conflict can usually be resolved through negotiation if the spouses are willing to work together.
Why Hiring A Divorce Attorney Is Still Important
It is possible to dissolve a marriage without retaining the help of an attorney. Many couples remain friendly with one another and decide to forgo legal representation. They assume that since there is no conflict – or disputes are minor and can be resolved privately – there is little need for an attorney’s guidance.
That assumption is usually wrong. While some couples truly do not need a lawyer to handle their divorce, they are in the minority. Most couples would be well-served by having an attorney look over their settlement agreements.
Spouses have certain rights granted by state law. Those rights are often overlooked when a marriage is dissolved privately. An experienced attorney can protect his client’s rights while facilitating an uncontested divorce.
It’s also worth noting that a lawyer can only represent one party. If one spouse hires an attorney to look over the settlement agreement, the other spouse should do the same.
Reasons To Pursue An Uncontested Divorce
No one enjoys spending more money than necessary trying to end their marriage. Likewise, few people hope to drag their divorces on for a year or longer without resolution. Yet that is exactly what happens in many cases that go to trial.
First, litigation is expensive. A case that drags on for several months can potentially cost tens of thousands of dollars. Second, court systems tend to be backlogged with cases. That lengthens the time frame between when a petition for divorce is filed and when the couple can appear in front of a judge.
Another drawback to litigation is that a judge decides how to resolve matters over which there is conflict. A judge has little understanding of the couple’s relationship and past. As such, his or her decisions may be unfair and unsatisfactory to both spouses. Many couples are disappointed by their experience in court, especially after spending thousands of dollars to litigate their cases.
An uncontested divorce allows the couple to avoid litigation and the court system – aside from having a judge sign off on their settlement agreement. It helps them to end their marriage as quickly and smoothly as possible. Moreover, it helps them to do so at the lowest possible cost.
If you and your spouse are thinking about getting divorced, contact a divorce attorney who can help you to resolve disputes over assets, custody, and alimony privately. Your attorney will also make sure that your rights are protected along the way.