8th April 2019

How to Get an Uncontested Divorce

It’s common knowledge that divorces are tough and can drain you emotionally and financially. But this is not always the case – not when both you and your partner are on reasonably good terms and can work together to dissolve the marriage amicably. When the two of you are on the same page, you can file for an uncontested divorce and save time and money through streamlined court processes.

So what is uncontested divorce?

An uncontested divorce happens when there are no disagreements between the two of you over any divorce or financial-related issues (including custody, child, spousal support, property division and so on). It can also happen when your spouse accepts the marriage dissolution or doesn’t appear in the court action.

Please note that it is possible to file for a divorce assuming that the proceeding will be uncontested, only to find out that your spouse has opted to fight the case. In such a scenario, it might be in your best interest to consult with a family law attorney for legal advice. You may also choose to proceed without a lawyer depending on the magnitude of the case. However, having a lawyer by your side is the best shot at getting what you rightly deserve.

Eligibility of an uncontested divorce

These types of divorces are available for spouses who have no more disagreements about their fundamental divorce issues as mentioned above. But like contested divorce, it starts by one party petitioning for divorce – but the difference is that uncontested divorces have streamlined paperwork, where child custody, property information, and statement of the divorce grounds are filed. If the other spouse doesn’t contest or fails to appear in court, then the uncontested divorce may be granted.

Advantages of uncontested divorce

One of the main benefits of an uncontested divorce is the savings in the costs of divorce. Although legal representation is recommended in all types of divorce, the smooth process includes reduced court costs and reduced lawyer bills.

In addition to saving on costs, uncontested divorce also allows you to get your divorce granted faster than in a contested one. With less legal wrangling and fewer proceedings, you will be able to start a new chapter in your life sooner than you would imagine possible.

Lastly, an uncontested divorce means fewer amounts of conflict between you and your spouse since there is less likelihood of conflict to arise. With less back and forth demands for information, and fewer proceedings to iron out divorce elements that cannot be agreed upon, you get to minimize conflict between you and your spouse.

Working with a lawyer

The best way to protect your rights in an uncontested divorce is by working with an experienced divorce lawyer. Divorce lawyers will help you in some ways – they will file and serve the papers correctly, offer legal advice regarding the process and even represent you in case your spouse decides to contest the divorce. Having them by your side negates errors and guesswork, and also gives you confidence that you are covered, in case of any surprises.

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