What is an uncontested divorce?
What exactly is an uncontested divorce and who should or shouldn't use it.
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Going through a divorce can be an expensive and mentally trying time in a person’s life. But it does not have to be that way. Sometimes couples will mutually decide that it is better for them to be apart than it is for them to be together. When this happens, the couple can go through what is called an uncontested divorce. Basically, this means that both members of the couple agree to this course of action.
One of the biggest advantages of going through an uncontested divorce is the cost. Divorces become expensive when both sides are constantly at each other’s throats and can not come to decisions. Instead, the lawyers have to put more time, which costs money, into working out resolutions that will be acceptable to both parties. A lot of time and money is thrown away going back and forth with things. Sometimes the solution is never even found.
In order to know if this is the right step for you, you must be confident that you and your spouse are going to be able to come to agreements on everything without using the lawyers too much. If the two of you are able to sit down together and discuss all your options and make a decision together, your divorce will go so much more quickly and it will save a lot of money on the attorney fees. You don’t have to agree on everything immediately, but you should be able to work together and compromise.
Going with an uncontested divorce will usually only involve one of the two parties to get a lawyer. That lawyer will then work with his or her client (only one party, not both) to draw up all the necessary documents. This party must be trusted to have the lawyer only write up the things agreed upon by both parties. Once the papers are drawn up, both parties will come into the office to sign the papers. They are then filed with the courts. Usually in these cases, neither party is required to show up in court.
Because the lawyer only represents one of the parties, there are safeguards that should be taken for the unrepresented party. The spouse without representation should have someone that they can rely on and trust to read over the papers before he or she signs them. This will help ensure that everything is as it should be. Another thing the other spouse can do to protect him or herself is to do as much research as possible. Go to the library and read up on the topic of divorce. Searching for information online is also a good prospect.
Unfortunately, an uncontested divorce is not for everyone. Domestic abuse is one such instance. When your spouse is beating you, there is no way for the two of you to negotiate effectively. Also, if there are other reasons that the two of you are unable to communicate in a civil manner and make decision together, then an uncontested divorce is also not for you. Patience is a big key with uncontested divorces. They are very simple, but can often take some time for the two of you to make mutual decisions.
Divorce can be a rough time for both parties, but there are easy ways to do it. Patience and understanding will help with the whole process. Divorces are made out to be one spouse pitted against the other, but not all divorces are that way. Some are done very amicably. Just make sure that an uncontested divorce is right for you before traveling down that path.
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