Advantages of Uncontested Divorce
What Is an Uncontested Divorce?
An uncontested divorce occurs when two spouses reach an agreement about the issues in a divorce. It enables the parties to move quickly through the process and get a divorce without the additional time and expenses of a contested divorce. If a couple is filing for an uncontested divorce, it means that they agree on the following issues:
- How to share custody, parenting time, and responsibilities if children are involved
- The specifics of child support, including the amount of money and the duration of time that the money will be paid
- The specifics of spousal support if applicable, including the amount of money and the duration of time that the money will be paid
- The divisions of property and any debt accrued together during the marriage
No divorce is easy. However, for couples who reach agreements on these essential topics, the road will be paved with far fewer challenges. This is probably why around 95% of all divorce cases in the US are uncontested. Some of the top reasons that a divorcing couple might opt for an uncontested divorce include:
- Lower costs and expenses
When it comes to divorce, you want to make sure that all loose ends are tied and no boxes are left unchecked. For this reason, it is helpful to seek a divorce attorney no matter what kind of divorce you file. However, because an uncontested divorce involves far fewer conversations and debates, the fees tend to be much lower. This makes an uncontested divorce an especially attractive option because divorce inevitably changes the financial situations of the parties involved. For many people, an uncontested divorce takes a little weight off their shoulders when dealing with a situation that is already stressful as it is.
- Greater privacy
An uncontested divorce is more private and gives the parties involved greater control of their assets. During an uncontested divorce, there is less information filed with the court that goes into public record. It is important to note that your negotiation statements are filed with the local court, so your matters will be on record in that sense. The statements filed with the court will be accessible to the public. However, personal negotiations and other discussions are kept confidential.
- A quicker and more convenient process
Because you and your spouse agree about important issues in this case, an uncontested divorce is much less time-consuming. As far as the amount of time an uncontested divorce takes, this simply depends on the amount of time taken throughout each step of the process. Any divorce, whether it is contested or not, takes time. A couple who wants to get a divorce must undergo the following steps:
- The individual requesting the divorce, or the plaintiff, must request that the marriage be dissolved by filing a Summons with the court.
- The defendant must accept service of the Summons and sign an Affidavit, after which point the divorce papers will be filed with the court.
- The defendant is given 20 days to reply, and if they do not, the plaintiff can choose to file divorce papers with the court. The defendant can also sign the papers in front of a notary public, which certifies that they have no intention of contesting the divorce.
- After the papers are signed and notarized, they are filed with the court clerk’s office in the plaintiff’s county. This point and the point when a judge approves and signs the judgment can take between six weeks and twelve months.
- More peace of mind for children involved
A divorce is not only a challenging time for the couple going through the process. If there are children involved, it can be a taxing journey for them as well. It is important to know that there are many successful ways to communicate with children about the situation and help them reach a level of calm and understanding. Ultimately, most children want to see their parents happy, and if their marriage is not accomplishing this, they can sense it. Children can also sense tension in the home and they know when arguments are occurring. This can cause children to take on unnecessary stress. Uncontested divorces help to avoid this. Because parents agree about the aspects of the divorce that will affect the children, including custody, they can explain the situation to the children in calm and safe way. This also gives parents the chance to be great role models for their children when it comes to navigating disagreements with respect and care.
- Increased amicability
Nobody gets married with the intention of getting a divorce, and for many people, it can be healing and empowering to end a marriage as amicably as possible. Filing for an uncontested divorce is a great way to put the power back into the hands of the couple. They are able to agree on important matters on their own terms and create a plan that works for them and their families. In this way, an uncontested divorce inherently facilitates communication, which gives couples a chance to reconcile their differences and move forward with healthy mindsets.
Do You Need a Lawyer for an Uncontested Divorce?
Technically, the law does not require you to seek representation from or consult with a lawyer for contested or uncontested divorces. However, as you might have come to realize, divorces can be a lengthy process, and there are many hoops to jump through. Most individuals going through a divorce have never experienced this situation before, and it is normal to be uncertain about the best steps to take. A lawyer who specializes in family law, like the ones on our team at The Clark Law Firm, will be familiar with the intricacies of these situations. Seeking an uncontested divorce lawyer will help to guarantee the most favorable outcome for the parties involved. By nature, an uncontested divorce is one where the couple agrees on a variety of matters. Those who attempt to navigate the divorce process on their own might find themselves confronted with more arguments when they should be focused on healing and moving their lives forward. Seeking a lawyer for an uncontested divorce helps assure that the divorce stays on its cordial path.
If you are looking for a lawyer for your divorce, the team at The Clark Law Firm can provide the representation and support you need. Call us today at (817) 435-4970 or contact us online.