There are many benefits to an uncontested divorce, but this type of does not work for everyone.
What is an ''uncontested divorce''?
Just about everyone has seen on tv the hotly contested divorces that get nasty, and the attorney’s just end up a lot richer at the end of it. Not all divorces work this way, in fact, most don’t.
An uncontested divorce is a great way to end a marriage when both parties can agree on all the issues. It is a lot cheaper and there can be benefits to the children who are not put in the middle of an adversarial divorce.
How to know if your divorce is likely to be uncontested?
You need to ask yourself the following questions to determine if your divorce will likely be uncontested:
- Do you have the information you need to make decisions about how ALL your marital property and debts should be divided?
- Have you and your spouse worked out all of the living arrangements, temporary use of property, possession and access to the children while the divorce is pending?
- Do you have any fear about anything your spouse might do while the divorce is pending?
If you can answer YES to these questions, then it is likely an uncontested divorce.
What are the advantages of an uncontested divorce?
- Waiver of Citation – instead of having a uniformed constable or deputy turning up at home or work, your spouse only needs to sign a document called a Waiver of Citation
- One attorney – Only one attorney needs to be hired to complete the divorce process. Your spouse has the option of consulting an attorney to review the documents and answer questions, but that attorney does not appear in the case at court.
- A brief court hearing – You and your attorney will make a brief appearance before a judge, mostly to answer a few yes/no questions by your lawyer. That is called “proving up” the divorce. Your marriage will then be dissolved, and your divorce is final. The divorce can also be finalized by email submission instead of a court hearing.
- Depending on how many decisions have been made about property, debts, or other issues, it is possible to finalize and obtain a final divorce decree in 61 days after the expiration of the 60-day waiting period.
- If the parties can focus on cooperating, it is generally accepted that an uncontested divorce is the most efficient and least expensive way to obtain a Final Decree of Divorce as required by law.
If you think you tick all the boxes, contact us today and we can get started.
