Uncontested Divorce Questions
Most divorces are uncontested, and it's a relatively simple process to get a divorce from your spouse. If you and your spouse are ending your relationship on relatively civil terms, an uncontested divorce might be the easiest and cheapest way to terminate your relationship legally. In basic terms, it is a process of mediation so that both sides are more likely to come out with the things that are important to them, in regards to material and non-material issues.
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Reasons
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Depending on the state in which you live, there are various reasons why a couple is entitled to file for a divorce.
Adultery is one of the most common reasons for an uncontested divorce, but there are other common reasons such as separation for a long period of time (at least a year in most states); domestic violence; and incarceration for a period of time, which varies by state.
Other less common reasons for divorce are financial difficulties, lack of communication, substance abuse, incompatibility, religious belief differences and dissolution of a couple's relationship.
Uncontested divorce may be the best procedure for some cases, and court-bound divorce may work better for others.
Advantages
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An uncontested divorce has several advantages. For one, it's less messy than contested divorces, and the process is considerably quicker in most cases. Two people who simply have a desire to divorce each other can get a divorce quickly and without all of the arguments, costs and appearances. Uncontested divorce is also private and tends to be much less emotional. While it is not a guarantee, more often than not, both parties walk away calm and relatively pleased with the entire process.
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Exceptions
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There are a few exceptions to uncontested divorce being the best idea.
If there are children involved who have special needs or circumstances where a simple parenting split would not be advantageous, that may require the help of a judge.
In cases of domestic violence, there can often be legal issues that are less likely to be addressed in an uncontested divorce, especially if there are no attorneys involved.
Uncontested divorce can also be a poor idea if the two parties are unable to communicate properly, since this can put a damper on the cooperation aspect of the mediation.
In general, if you are both willing to respect the situation and realize that there are two of you in the relationship, uncontested divorce can be a wise option.
Legal
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With an uncontested divorce, you have the right to decide whether or not you wish to hire an attorney. Each spouse has that choice, which is not dependent on the choice of the other.
Depending on the complexity of your marriage and impending divorce, you might wish to do things on your own. This will, of course, cut down your costs considerably and allow you to use the money for other things, such as for your children if you have any and living expenses.
If your divorce is likely to be messy and complicated, you might wish to hire an attorney who is well-versed in the legal jargon associated with divorce and creating situations in which both parties prosper at the end of the divorce.
Costs
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Cost can vary considerably, depending upon how long the divorce process takes, whether or not an attorney is involved, and if there is a settlement on one or both sides of the divorce.
Divorces, contested or uncontested, cost varying amounts in different states. Many attorneys charge a flat fee for their services, though some may charge hourly rates. Preparation fees for drawing up papers could be included, or you might have to pay for that separately.
A filing fee is also required by the court system to make the divorce official. If you are considering an uncontested divorce, it is a wise idea to review the fees in your area so that you are well prepared before the actual divorce process.
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