In general, an uncontested divorce is a better option than a contested divorce so long as there is not a disparity of power or abuse in the relationship. Uncontested divorce requires that both parties want a divorce and are also in agreement as to the resulting issues. Both parties must agree to the terms regarding issues such as custody, parenting time schedules, , maintenance or alimony, the division of property, the division of debt, and any other issues that may be unique to the couple’s situation. Uncontested divorce is generally faster, cheaper, and better for everyone at the end of the day.
Although many couples every year attempt to complete an uncontested divorce without an attorney, it is strongly recommended that you find an attorney to protect your interests and explain the legal process. Disputes can arise during an uncontested divorce, and when this happens, it will likely end up in court. Although both parties may agree with all the terms of the divorce, an attorney should be involved to ensure all necessary paperwork is properly completed and filed and that all legal issues involved in divorce are addressed. With that being said, uncontested divorce is still the best option when possible. There are a myriad of benefits associated with an uncontested divorce.
Uncontested divorce is much cheaper than a contested divorce because it eliminates a lot of fees that would normally fall to one, or both, parties. It greatly reduces costs to parties by reducing attorney fees, process server fees, accountant expenses, and a number of other expenses that can arise in a contested divorce. In the same vein, it is much faster because of this. There is no time spent in court arguing the terms because parties have already agreed on them. There is less paperwork required, and the entire process is streamlined compared to a contested divorce. Because of this, the privacy of the parties involved is protected more in an uncontested divorce. Less paperwork involved means there is less information going to the public record through the court. This helps those involved maintain the privacy of their assets and their lives in general.
When children are involved, an uncontested divorce is much easier for them. It is quicker and less adversarial. That helps children cope with their parents’ decision, as it is not drawn out and they do not have to experience animosity between their parents. It helps everyone involved regain a sense of normalcy quicker and move past what is, undoubtedly, a very difficult situation. Because an uncontested divorce helps parties treat each other more amicably, it often allows them to maintain good terms with each other, helping them to navigate the difficulties of things like joint custody and parenting time schedules.
An uncontested divorce is not possible in every situation, and some issues may arise during the course of an uncontested divorce that force the parties into court. A divorce is never an easy situation for anyone, but an uncontested divorce can help lessen the burden. The attorneys at Skeeters, Bennett, Wilson & Humphrey are here to talk to you about your options, determine if an uncontested divorce is possible in your situation, and protect your interests throughout that process.