What Is an Uncontested Divorce and What Are the Benefits?
It’s never something you set out to think about; however, when it comes to divorce, there are several options to choose from. It’s important to recognize that some options will be a lot more straightforward than others. This means that you can move on with your life and get back to normal sooner rather than later.
In some states, it is possible to file for uncontested divorce which can allow your divorce to be finalized in a matter of weeks. In this article, we will explain exactly what uncontested divorce is and the pros and cons of choosing it.
Make sure you explore all your options before reaching a decision that is best for both of you. Read on to find out more.
What Is an Uncontested Divorce?
Uncontested divorces are where both spouses are in agreement with all aspects of dissolution and division of assets and responsibilities.
This includes how you will share custody of any children, as well as parenting time and parenting responsibilities. You are also in agreement of any and amount of child support, or amount of spousal support should there be any.
You will also be in agreement with the division of any properties, assets, and money as well as any debt that either of you has. If you are in agreement with these general principles then you are within your rights to apply for one. If you are in a state that allows uncontested divorce.
This isn’t to say that an uncontested divorce isn’t without its pressures and difficulties. You shouldn’t expect it to be necessarily all plain sailing, even if you are in agreement with most things.
How to Apply for Uncontested Divorce
If you feel as if you and your current spouse are in agreement, it means that you won’t need to go and argue your case in court. You can file court forms and then file a divorce settlement agreement. This will state how your division of property, assets, and any childcare responsibilities will be laid out.
Your divorce settlement will need looking over and approval from a judge. This is unless there are grounds in which one of the parties, in their eyes, is getting an unfair deal. Or if they believe that one of the parties agreed to the settlement under duress.
As soon as the time period, which is set by state laws, has elapsed, this will mean your divorce has been finalized. If you are interested in learning more about the state laws and uncontested divorce in Virginia click the link below:
Types of Circumstances That Uncontested Divorce Will Benefit
An uncontested divorce can be a good option for couples who have limited assets, property, or childcare responsibilities to consider. With fewer things to negotiate on, it will usually mean that people will be more open to a clean break and will fewer points of contention.
It can also be a good option for those that were not married for a significant time period. Anything below five years can be considered a shorter marriage and will have fewer rules than lengthier marriages have.
If you have a couple of minor points that you and your spouse don’t see eye to eye on, this doesn’t mean that an uncontested divorce is off the table. It might be that you need a bit of meditation between yourselves with lawyers present to come to an arrangement that suits everyone.
A bit of compromise is expected in an uncontested divorce. However, it will be less expensive and time-consuming than taking your grievances to trial.
Do You Need a Lawyer for an Uncontested Divorce?
This will depend on the size of your assets, any housing you own, and whether you have children or not. It can be advisable to work things through and have your documents looked over by a lawyer, before going ahead with any final decision.
They will be able to ascertain whether the divorce settlement is agreeable and fair to both parties. It is possible to do the whole process without lawyers, but that is usually when the process is simpler, with fewer assets and no children.
Another thing to think about is the division of any retirement benefits or funds. This may require further invention from attorneys to work out whether the other spouse is entitled to any of it.
When Does Uncontested Divorce Not Work?
An uncontested divorce doesn’t work when a breakdown in communication occurs between the spouses occurs or they have a too greater difference in opinions concerning the divorce settlement.
There could be a greater earning capacity discrepancy between them as well as emotional or even physical abuse that will complicate matters and make communication impossible.
Spouses might enter meditation or discussions around the subject of uncontested divorce but simply have too many emotions or feelings surrounding their relationship for them to settle things amicably.
An uncontested divorce isn’t necessarily always an option for every couple when it comes to divorce. Both parties need to come to a realistic compromise where everyone is happy with the outcome.
How to Navigate an Uncontested Divorce: Where Can I Find Out More?
We hope this article on all the information you need on uncontested divorce has given you plenty to consider. It’s essential that when it comes to splitting up and dividing your assets that you explore your options.
It’s about trying to minimize the emotional and financial implications that divorce can have on people and trying to move on with your life. An uncontested divorce can help couples do that a lot faster, without tieing them up in endless court proceeds and expenses.
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