Uncontested Divorce
Marriage is a legal living of a man and woman together in a society
as husband and wife. Just like any other relationship it requires love,
patience, and understanding from both sides. It is like the clapping,
which requires two hands. It is delicate and if not handled with care,
can break down and end up in divorce. Divorce is a legal issue, which
is fought at courts to prove your point for or against divorcing your
partner, and the settlement of issues like property that come along
with it. Now, either you agree to fight it out at courts to settle
matters (contested) or amicably do an out of court settlement with or
without lawyers help (uncontested).
Uncontested Divorce is the most common way of divorcing these days. It
is a very inexpensive and simple method, and it allows a couple to end
their marriage with dignity and quietly. The cost of uncontested
divorce is the advantage, which is most apparent. If the conflict level
of the couples is low, the same state is maintained in the uncontested
divorce. It also keeps it private. The disclosures made to each other
and the various proposals that are agreed upon and negotiated would not
be made private other than the agreements filed with the court. For an
uncontested divorce couples need not agree about divorce issues with
each other. Not much agreement can be done during divorce other than
reducing the cost and stop fighting to end a marriage. A lot of
negotiation is to be carried out well before the end of marriage.
Uncontested divorce is to be avoided in case there is physical abuse as
no proper verbal agreement can be reached upon. There is a need for an
advocate. This divorce is also useless for couples who are not in
talking terms with each other. If one of the spouses get stubborn and
do not respond to the divorce it could get really difficult. It also
can get difficult if both the spouses are ignorant about the law. If
both get greedy and are ignorant no faster solution can be reached. The
same lawyer cannot represent both the spouses in an uncontested divorce
as both have separate requirements. Attorneys generally charge from 90$
to 1200$.
Divorce has four main problems – share of marital or community
property, debt division, child custody and spouse or child support.
Disputes between couples need not always be solved in the court. A
divorce without trial where one can reach agreements is called an
uncontested divorce. These divorces are faster and inexpensive than
divorces that are contested. It is easier to have a mutual consent than
going to the court. A couple can allow an attorney as a mediator for
solving their disputes. In this way lengthy court cases can be saved
from. This kind of divorce reduces resentment from both the sides so
that they can move on with their lives faster. Contested divorces are
often complicated and highly expensive. An attorney may be enough for
an uncontested divorce but a highly experienced professional is
required for a contested divorce. For difficult financial matters it is
necessary to have an attorney.
When minors are involved in an uncontested divorce case, the case will
be directed to an office where interviews will be conducted and who
gets the custody of the children, kind of custody that has the
children’s best interest and the child support amount that can be
paid will be recommended. In case there is an objection from one of the
spouses then an attorney’s advice can be considered in which case
the divorce becomes contested. The case can proceed to the court only
if both the parties reach an agreement. If there is a requirement for
spouse support then an attorneys advice may be required at which point
the divorce becomes contested. If on hiring lawyers also a decision
cannot be reached then the judge would make the ultimate decision. In
case one of the spouse’s location is not known then procedures
are also defined for this situation, with the help of an attorney the
case can be taken forward in the court.
Divorce need not be costly or complicated. If spouses agree on division
of property and can resolve any of the child-related matters, then an
uncontested divorce can be filed. In an uncontested divorce, an
attorney is not required and it can move much faster through any system
of court, saving the time, stress, and money. In most of the cases,
spouses need not appear before the judge.
An uncontested divorce would usually occur in cases when there are no
disagreements between the spouses financially or on issues related to
divorce such as child support and custody, spouse support or division
of property that is marital, spouse agreeing to divorce, or failing to
appear during the divorce. If one of the spouses wants, the case to be
uncontested and the other wants it to be contested then the advice of
the attorney can be taken into consideration or can be even without an
attorney. Divorce is a situation that is difficult for both of the
parties involved. Besides hurting of feelings and the annihilation of a
relationship, there are issues of division of property and children
custody battles that are painful for everybody involved.