Uncontested Divorce Advantages

Aug 8, 2012 by

The advantage of an uncontested divorce is that it can usually provide couples with a dissolution process that involves a lot less drama, confrontation and conflict than a heated battle in court. Those couples who choose to dissolve a marriage with an uncontested divorce are usually still on friendly and equitable terms, and emotionally capable of ending their marriage without dispute and drawn out negotiation. The uncontested divorce benefits the divorcing couple not only at an emotional level, but financial as well, as the need for a court trial is unnecessary and keeps costs to both parties minimal. Uncontested divorces are normally expedited through the court system, preventing a drawn out process that is emotionally harmful to both parties.

Uncontested divorces are the simplest divorces to process. It does not, as a rule, require legal counsel for either party. It is advised however that you consider a consultation with a divorce attorney who can assess your particular situation and advise as to whether an uncontested divorce is the best process for you. Once you have confirmed that an uncontested divorce is suitable for your situation, you have a number of online resources available to begin the process. All of these resources will have forms available for download and many will offer step by step guidance and advice. There will be a fee for the forms, but it is minimal compared to the cost of an attorney. Should you decide to prepare your paperwork online, you will be responsible for any fees charged by your local government, such as filing fees. Search online or call your county courthouse to find the cost of their document filing fees.

One significant factor which can prohibit the use of an uncontested divorce is a marriage where there are dependent children involved. In this case, an uncontested divorce can become problematic as the legal system must decide what is in the best interests of the children. Those issues are normally decided in family court, and the process can move an uncontested divorce to a contested one if one or both parties disagree with any of the court’s rulings. If there are large property settlements involved, or issues of spousal support to be disputed, these factors can necessitate hiring legal counsel for representation to protect your interests.

When divorce is the only option, an uncontested divorce offers both spouses a simplified way to end the marriage. The real advantage of an uncontested divorce is that it can be processed with minimal damage to both parties and without the need for prolonged negotiations and drawn out court dramas.

 

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