An uncontested divorce might be the best route for ending your marriage. However, it takes cooperation from both spouses for the process to work. If you are divorcing and want to file uncontested, here is what you need to know.
Uncontested Divorce Basics
An uncontested divorce is simple. In this process, both spouses have already reached an agreement on complex issues and only need to submit the proper paperwork to be finished.
Those complex issues can include child custody and support, property division, and the division of marital debts. Once an agreement is reached, the divorce papers need to be filed, and neither party has to appear in court.
If you and your spouse have minor children, you might run into obstacles if you want to file uncontested. Some states require couples with minor children to go through the court system to ensure that all of the needs of the children are met.
However, this process can be simplified by pointing out to the court that both of you have reached an agreement on all matters concerning the children and that the decisions reached were in their best interests.
Whether or not you and your spouse need to retain a family lawyer to help with the uncontested divorce depends on several factors. For instance, if you and your spouse were married for a considerable period of time and have significant assets and debts, an attorney might be needed.
Depending on your state's laws, you and your spouse might be able to use the same attorney. The attorney can be used to help draw up the documentation that needs to filed with the family court. However, you should at least consult with an attorney before reaching a final agreement to ensure that the division of assets and debts are fair.
An uncontested divorce might not be an option if you and your spouse are unable to agree on any issues. You can try mediation to try and reach a middle ground. During mediation, an unbiased party will attempt to get you and your spouse to compromise.
An uncontested divorce could also be impossible if there is domestic violence in the relationship. In those instances, an attorney and the court will be needed to help with filing protective orders and other legal issues that are related to the case.
How you and your spouse choose to end your marriage is up to the both of you. It is important to note that if you do decide to go with the uncontested divorce, that all issues are thoroughly discussed beforehand. Visit Law Offices of Lynda Latta, LLC to consult a family lawyer near you.Share