An uncontested divorce is one in which both parties agree on all aspects of the divorce, including the division of marital assets, child custody, support payments, and any other issues related to the marriage’s dissolution.
When you are going through a divorce, consider going through an uncontested divorce. This is because it comes with plenty of benefits. These benefits include:
It’s less expensive
In most circumstances, an uncontested divorce is less expensive than a contested divorce. The reasons behind this are self-evident. A divorce that does not involve negotiation has fewer billable hours, which means you do not have to pay divorce lawyers for the hours that would ordinarily be spent on a contentious divorce.
Since you are unlikely to go to court, you will not only save filing fees but won’t incur any court costs associated with a disputed divorce.
There is less drama
It goes without saying that when two individuals decide to divorce, they are usually filled with hurt and anger. This might lead to a lot of controversy during the divorce process.
This is because each side wants to win while ensuring the other loses.
An uncontested divorce normally does not involve this amount of turmoil because both parties have already agreed on the major sticking points in a regular divorce.
Uncontested divorces typically result in less controversy when the divorce is finalized. This is because the parties are more likely to follow agreements they established themselves rather than rules made for them by someone else, such as a judge.
When everyone follows through on their agreements and promises, their lives become considerably calmer.
You don’t waste time.
Uncontested divorces are frequently completed faster than contentious divorces. This is because less time is spent litigating assets, negotiating payments, and arranging custody.
The majority of choices in an uncontested divorce are made privately between the parties. Thus, the divorce itself is merely a formality.
Since you don’t spend much time on divorce, you move on quickly, unlike when you drag each other into court and spend months or even years there. When you stay on the same issue for too long, you don’t move on.
You maintain your privacy.
An uncontested divorce often allows both parties to preserve a higher amount of privacy and less turmoil. You don’t have to air your dirty linen in a public courtroom and have strangers, and potentially non-strangers, know everything that happened in your marriage.
The divorce record is still public, whether the divorce is uncontested or not, but the actual hearings will not be held publicly.
This means you still maintain some dignity with your family and friends, as they don’t know much about your marriage and divorce.
You have control of the process.
When you challenge your divorce, you give the judge your case control. The judge determines how property will be divided, who will have custody of the children, how much spousal and child support you will receive or pay, and which property will be sold.
If you and your spouse cannot agree on these points, you should seek the assistance of a judge but don’t give them control over the situation. Try to resolve the contentious issues in your situation without relying on a virtual stranger.
It is less traumatic.
Acrimonious divorces are always traumatic, not only for the two persons getting divorced but also for any children involved in the process.
Even an uncontested divorce will most likely be unpleasant for the children, but because the process is more friendly, it will be less traumatic for everyone. Furthermore, because uncontested divorces take less time, the children will also be exposed to the process for less time.
This is undoubtedly the most compelling reason to go with an uncontested divorce. After all, your children’s best interests should be at the center of every decision you make, even during a divorce, and getting it over with as soon as possible is in their best interests.
Plus, when you and their other parent can hash things out without a long, drawn-out battle, you’re setting an excellent example for your children. They witness how grownups resolve disagreements rationally rather than fighting over everything.
How to get an uncontested divorce
To get the ball rolling, you need to file the necessary paperwork. Uncontested divorce paperwork is available in county courthouses in many states. The person initiating the divorce completes the documents, files them with the county clerk, pays the filing fee, and has them served on the opposing party.
You should check with the county clerk or attorney and ensure the papers are properly served. Failure to serve divorce documents properly may necessitate starting over and paying a second filing fee for commencing a new case. So, take your time and involve your family lawyers Fairfax VA to ensure everything is in order and your ex-spouse is served in good time.
After you have served your spouse, they must file a response. In some places, this entails signing the documents you’ve prepared.
You must consult your county clerk or an attorney to ensure the procedure is followed appropriately.
Following the completion of the response, you may be required to follow a mandated waiting period.
Although you don’t have to, hiring an uncontested divorce lawyer might help you protect yourself during your uncontested divorce. A divorce attorney is experienced with divorce paperwork and can guarantee they are properly filed and served.
While you and your partner may have reached an amicable divorce agreement, this does not guarantee that your partner will have sincere intentions during your divorce process.
If your spouse makes verbal pledges or agrees to any terms, do not consider that statement legally enforceable; instead, have everything in writing.
You should have everything written down and signed in front of both of your attorneys so that it becomes part of your legal divorce agreement. Remember that when you do this, your partner might think it’s a trust issue, but it’s not. It is a legal issue, and it should be treated as such.
