Uncontested Divorce: How it works
Uncontested divorce is the process most people
divorce. It’s simple and inexpensive, and it allows you and your spouse
the chance to end your marriage quietly. Below is an explanation of how
uncontested divorce works.
Advantages of Uncontested Divorce
The most evident advantage of Uncontested Divorce is its cost. An uncontested divorce that stays uncontested divorce is
almost always the least expensive path to divorce. Another advantage of
uncontested divorce is the low level of conflict between you and your
ex-spouse as it offers a way to keep it straight-forward.
Agreements between you and your ex-spouse reached in an uncontested divorce and filed with the court will be a matter of public record, but the disclosures you make to each other do not have to be- nor do the assorted proposals you go over as you negotiate and the agreements that are acceptable to both of you.
Agreements between you and your ex-spouse reached in an uncontested divorce and filed with the court will be a matter of public record, but the disclosures you make to each other do not have to be- nor do the assorted proposals you go over as you negotiate and the agreements that are acceptable to both of you.
How Uncontested Divorce Works
First thing to note about uncontested divorce is
that the lawyer you get cannot represent both you and your ex-spouse,
because we assume that the spouses in a divorce have different interests
that they bring to the table. Ethically speaking, a lawyer must
represent one of you and not the other.
At Moore Family Law, our work begins with a brief in-person consultation which is free of charge, in most cases. If we are comfortable working together, we can begin to plot a course of action designed to address your specific needs, as well as those of your family. If certain changes arise, they can easily be fixed if needed as long as both parties can agree on what they should be.
We know that each case is different, and we tailor our services to the needs of each case. Not every case ends up in court. We will work with you, your family and other attorneys to obtain the best and most efficient resolution possible.
At Moore Family Law, our work begins with a brief in-person consultation which is free of charge, in most cases. If we are comfortable working together, we can begin to plot a course of action designed to address your specific needs, as well as those of your family. If certain changes arise, they can easily be fixed if needed as long as both parties can agree on what they should be.
We know that each case is different, and we tailor our services to the needs of each case. Not every case ends up in court. We will work with you, your family and other attorneys to obtain the best and most efficient resolution possible.
The Essential about Uncontested Divorce
An uncontested divorce is when both members of a
couple usually already have their basic divorce agreements figured out.
This indicated that they are not discussing important issues such as
property division or the payment of alimony.
Benefits of Uncontested Divorce
There are some benefits to filing for an uncontested divorce. The process is typically quicker. For both parties, this means a reduction in legal bills and in court fees. Uncontested divorce can end faster because most of the major issues have already been discussed with the two parties.
However, if one party despite any aspect of the divorce or files paperwork against the proceedings, the divorce will become contested. An example of this could be if one spouse wants to dispute the payments of alimony.
Also, if either side of the party agrees to the uncontested divorce, or fails to make an acceptance, it can be granted by the court. If the other spouse does not agree to terms and makes the essential court filings, the uncontested divorce cannot continue or be granted.
Although divorce of any kind can include some conflict, continuing the path with an uncontested divorce can lower the amount of conflict between the parting couples by simply offering fewer opportunities for conflict to come up. Because there are fewer demands for information going back and forth between the parties, conflict between the two can be minimized.
Uncontested divorces are typically offered to couples who have no remaining disagreements regarding the basic divorce issues which include child-custody, property division and spousal support. Similar to contested divorce, uncontested divorce starts by one side filing for divorce. Uncontested divorce normally has efficient and straight-forward paperwork, in which property and child custody information is already filed, along with a statement of the grounds for divorce.
Benefits of Uncontested Divorce
There are some benefits to filing for an uncontested divorce. The process is typically quicker. For both parties, this means a reduction in legal bills and in court fees. Uncontested divorce can end faster because most of the major issues have already been discussed with the two parties.
However, if one party despite any aspect of the divorce or files paperwork against the proceedings, the divorce will become contested. An example of this could be if one spouse wants to dispute the payments of alimony.
Also, if either side of the party agrees to the uncontested divorce, or fails to make an acceptance, it can be granted by the court. If the other spouse does not agree to terms and makes the essential court filings, the uncontested divorce cannot continue or be granted.
Although divorce of any kind can include some conflict, continuing the path with an uncontested divorce can lower the amount of conflict between the parting couples by simply offering fewer opportunities for conflict to come up. Because there are fewer demands for information going back and forth between the parties, conflict between the two can be minimized.
Uncontested divorces are typically offered to couples who have no remaining disagreements regarding the basic divorce issues which include child-custody, property division and spousal support. Similar to contested divorce, uncontested divorce starts by one side filing for divorce. Uncontested divorce normally has efficient and straight-forward paperwork, in which property and child custody information is already filed, along with a statement of the grounds for divorce.
Disadvantages to Uncontested Divorce
Couples who have children, complex, or disputed
property arrangements, or think they will have disagreement should
strongly contemplate whether uncontested divorce is right for them. The
tradeoff for simplicity and reduced costs through uncontested divorce
may come at the cost of being able to satisfy complicated custody
divisions, as well as complicated property distributions or spousal
support arrangements.
Couples who have children must take additional filing steps in regards to the child’s custody if pursuing uncontested divorce. Resolving child custody complications calls for the more detailed methods which are offered in a regular divorce.
The goal of Moore Family Law is to embrace and surround clients with a shield of legal work that protects them as if they were family. We
work to empower our clients to make the best possible choices for their family and to create their best possible future
Couples who have children must take additional filing steps in regards to the child’s custody if pursuing uncontested divorce. Resolving child custody complications calls for the more detailed methods which are offered in a regular divorce.
The goal of Moore Family Law is to embrace and surround clients with a shield of legal work that protects them as if they were family. We
work to empower our clients to make the best possible choices for their family and to create their best possible future
About Author
Jennifer graduated from the University of
Minnesota cum laude with a bachelor’s degree in speech communications.
In 2006, Jennifer achieved her life’s dream; owning her own family law
practice. She practices every day as Divorce Attorney MN with the intention of representing her clients’ future.
