What is uncontested divorce? It’s pretty simple really. When a couple agrees to dissolve their union amicably, an uncontested divorce is the least expensive and swiftest path to end an marriage.
Some divorces can be quite complicated; in fact, the most common causes of divorce include serious issues such as problems with communication, financial struggles, adultery, abuse, and sometimes simply a loss of interest. However, when the couple is fully informed and in agreement on circumstances such as child custody, child support, alimony, and property allocation, an uncontested divorce is the best route.
What Is Uncontested Divorce, and Who Is Eligible for It?
Current statistics reveal that more than one million American citizens have parents who are divorced or not living together. Also, a study conducted by Bowling Green University revealed the divorce rate has increased by 50% over the last two decades. With divorce being a very real part of life, for many families exploring the divorce process they will have a number of questions to ask a divorce attorney.
An uncontested divorce commences in the same fashion as any other divorce. One side files divorce papers, and the case continues from there. The difference is an uncontested divorce is typically filed with all the relevant paperwork, such as a property settlement agreement and a child custody arrangement. In a contested divorce, these issues are determined by the court rather the couple resolving their own affairs, and they may require mediation for child custody and other such issues.
If the party who did not file the paperwork agrees to the uncontested divorce or they do not appear before the judge, the divorce will be finalized by the court. Additionally, if one side doesn’t want to end the marriage, then an uncontested divorce isn’t really an option.
What Is Uncontested Divorce’s Greatest Benefit?
In short, uncontested divorce costs far less than one fraught with conflict and miscommunication. The more smoothly a couple follows through with their divorce, the fewer legal fees they wind up paying.
However, there are numerous other benefits to uncontested divorce. For one, they make it easier for families to stay together. The less tension being passed from parents to children, especially over disputes like money or child custody and support, the happier that everyone involved with be. Divorce is tough on children, so the more agreeable the parents are, the simpler it is for the kids, too.
Any Downsides to Uncontested Divorce?
If one half of the couple wants a divorce, but the other doesn’t, then such a split isn’t possible. However, even in the event that both want to get a divorce, one party may be settling for an uncontested divorce just to get it over with. In the event that there are real issues at stake, especially over property or child custody, then it may be best to opt for more mediation in the case.
The best way to go through an uncontested divorce is to find a divorce lawyer who will be collaborative — not combative. If you have more questions about any kind of dissolution of marriage, make sure you speak to an attorney. All situations are different, so only a qualified legal professional will be able to answer your questions correctly.