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Divorce, for many, can mean an incredibly difficult time emotionally as well as financially. For couples that make the difficult decision to end the marriage but agree on major issues such as property division, alimony, and child custody, the option to end the marriage by way of an uncontested divorce may be available. For these couples, an uncontested divorce may be a better option than the more well-known adversarial divorce process through the court system. An uncontested divorce can result in a faster resolution and conclusion of the case as well as lower costs for both parties.
An uncontested divorce is one in which you and your spouse agree on important issues that arise when ending a marriage.
If you are in agreement on the major issues, an uncontested divorce can help you avoid the stress of arguing in court, save you time, and likely be more cost-effective than proceeding through the court system. The major issues in any divorce include:
The decision to end the marriage. For obvious reasons, if both spouses do not agree to dissolve the marriage then the divorce is not “uncontested.”
Property division. The marital house, cars, and any other real or personal property obtained throughout the marriage must be divided upon dissolution of the marriage. If you and your spouse agree on how this property should be divided, you may be able to end the marriage through an uncontested divorce.
Child custody issues can be a very emotional part of a divorce. If you and your spouse agree on the issue of child custody, however, you may be able to avoid the adversarial process through the courts.
Alimony or spousal support. For a divorce to be uncontested, you and your spouse must also agree on the issue of alimony or spousal support which includes the amount of support as well as the duration of support.
If the parties to the divorce cannot agree on any one of the important issues in a divorce, they will likely have to enlist the help of the court system. During this process, one party will file a petition for the dissolution of marriage and the major issues will ultimately be decided through the legal process.
As with many areas of the law, hiring an attorney is a good idea to help navigate the often-times confusing legal system and to help ensure things are done properly to avoid any confusion later on.
In the case of an uncontested divorce, an experienced attorney can help iron out any minor disagreements and act as a mediator for the couple. For those that would like to proceed with an uncontested divorce but may not agree, for example, on the duration of alimony or child support, an uncontested divorce may still be an option.
An attorney can help the parties come to an agreement on the issue so that they can proceed with the divorce outside of the courtroom. An uncontested divorce attorney can also review the settlement agreement and help ensure that all documentation and paperwork is completed correctly and filed properly with the court.
The attorneys at Simmons and Greene P.C. have helped many clients through the uncontested divorce process and are available to speak with you and your spouse about the possibility of an uncontested divorce. Being able to take advantage of this alternative option can mean less stress, faster recovery, and financial savings for both parties.