Spouses wishing to divorce should understand what an uncontested divorce is and what its advantages are. The following are six things to know when it comes to going through an uncontested divorce.
Uncontested divorces are generally more affordable than traditional divorces
Couples wishing to minimize the costs of their divorce should try to pursue an uncontested divorce. Uncontested divorces are typically significantly less expensive than contested divorces. Uncontested divorces are less expensive because they entail lower attorney fees.
Uncontested divorces are faster than traditional divorces
With a traditional contested divorce, couples will typically need to appear before a judge to resolve their disagreements. This makes it so that contested divorces take longer. An uncontested divorce is generally the fastest type of divorce couples can go through to dissolve their marriage.
Both spouses need to be in agreement regarding the major factors in the divorce
While there are many important advantages to choosing an uncontested divorce, this type of divorce is not possible for every couple. With some couples, there is a great deal of contention and spouses have trouble coming to agreements on numerous issues.
In the case of an uncontested divorce, both spouses need to be in agreement on basic issues such as custody of children, division of assets, and responsibility for debts.
Couples with some disagreement can go through mediation before pursuing an uncontested divorce
Even if spouses have some points of contention between each other, they still may be able to enjoy the advantages of an uncontested divorce. Divorcing couples can undergo mediation to come to agreements on important issues in their divorce.
After mediation, couples are often able to draft an agreement that allows them to then pursue an uncontested divorce.
The exact process for an uncontested divorce varies by state
If you want to undergo an uncontested divorce, you need to find an uncontested divorce attorney with experience handling divorces in your state. Divorce proceedings vary by state.
Some states will require divorcing spouses to appear in court even in an uncontested divorce to confirm their desire to divorce. Some states may require that spouses go through a waiting period before their uncontested divorce can be finalized.
Uncontested divorces are also sometimes called no-fault or mutual consent divorces
In addition to differing in terms of the procedure for uncontested divorces, states can also differ in terms of how the language they used to describe uncontested divorces. In some states, uncontested divorces may be referred to as no-fault or mutual consent divorces in court documents and procedures.
Contact a company like Ritter & LeClere APC Attorneys At Law to learn more.