Uncontested divorce is a model that is becoming increasingly popular and the reasons for its popularity aren’t far-fetched and evident. To put it straight, an Uncontested divorce refers to a separation process between married couple where they are both able to mutually agree on the terms of their separations. The most common terms agreed upon include but aren’t limited to;
- Child support
- Parenting time and responsibilities
- Division of properties
- Division of debts and liabilities
- Alimony (spouse support)
- Advantages of Uncontested divorce;
Apparently, the major advantage of an uncontested divorce is its cost. Low cost is certainly not the only advantage of this form of divorce, it tends to keep things more civil and coordinated, which can foster a happy ending and continual post-divorce relationship. Although, just as it is with marriages, divorce is also a matter of public record, but in uncontested divorce, the disclosure made between involved parties doesn’t have to be public.
-Who can’t find Uncontested Divorce easy?
The concept of uncontested divorce is to relate, negotiate and agree on certain terms around a couple’s split and as such, it is very important for both parties to be in talking terms. In marriages where there is an ongoing case of domestic violence or one of the couple isn’t deemed mentally or emotionally fit to negotiate, then an uncontested divorce is almost impossible. Good knowledge of the law and rationality are both key in this form of divorce as greed and ignorance will lead to a dead end.
-How does it work;
The first and basic thing to know is that a single lawyer cannot represent the interest of both involved parties as it is unethical for a single lawyer to represent all negotiating parties in any case. Once guided by their separate lawyers on what and what not to compromise, negotiate or accept, the involved parties can proceed with negotiation and eventual submission of their agreed terms for the court of law to vet and give final verdict over. Only you or your spouse can get represented by a lawyer.
-Cost of an Uncontested Divorce;
The cost of an uncontested divorce is very relative, it’s a case of different strokes for different folks. Lawyers charge anywhere from $90 to $1,500 or even more, depending on factors such as the persons involved, the circumstances surrounding the divorce and the level of work to be done on major negotiations such as debts, liability and assets sharing. The problem with lawyer who charge ridiculously easy price is the fact that they tend not to pay exclusive attention to a client’s case as they tend to have more than they can handle since they are cheap. Besides fees paid to the attorney, there’s relatively nothing much to budget on besides a few logistics that you may need to take care of.
-Disadvantages of Uncontested Divorce:
The simplicity of the process makes it awkward to discuss complex issues like joint debts, parenting, real property ownership and other issues involved in divorce. Not being able to secure a representation one of the two involved party is also another down side.
If the terms of divorce is reached, the couples are permitted to file paperwork without appearing in court and as soon as the time frame (depending on the laws of individual states) has been reached, the divorce can be final. Uncontested divorce doesn’t always run seamlessly, especially in cases of higher stakes like having a few little children or large assets.