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Originally Posted On: https://www.fairwellmediation.com/blog/2022/december/the-benefits-of-uncontested-divorce/
Getting divorced doesn’t have to turn into a nasty battle if everyone can agree on everything. Keep reading for benefits of an uncontested divorce.
Over 630,000 marriages end in divorce every year in the United States, so if you are getting divorced you are not alone.
This can be a difficult and emotional time for everyone involved. It also involves a lot of practical planning. But did you know that you can get divorced without both hiring a divorce attorney or going to family court?
An uncontested divorce allows you to streamline the divorce process and minimizes the amount of paperwork you will have to do. Want to know more? Then you’re in the right place.
Read on to find out everything you need to know about uncontested divorces and their benefits.
What is an Uncontested Divorce?
When most people think about divorce, they think of contested divorces. This is when both parties hire attorneys and bargain over who will leave the marriage with certain assets. In essence, they contest the outcome of the divorce process.
In comparison, an uncontested divorce involves both spouses agreeing on the terms of their divorce. This includes:
- Child custody arrangements
- Child support arrangements
- Spousal support or alimony
- How their shared debts should be managed
- How their assets are divided
You can reach an agreement on these matters yourselves or with the help of a mediator. After this, an attorney will draw up a divorce settlement for your to sign and file.
Who Can Apply For an Uncontested Divorce?
Uncontested divorces are ideal for couples with a mutual agreement about the end of their marriage. They will not work for couples seeking fault divorces.
With the permission of the other person, one spouse can start the proceedings. Then both spouses will have to sign the settlement and appear in court to declare that:
- They understand the terms of the divorce
- They have signed the settlement voluntarily
If a judge thinks your settlement is fair they will grant you a divorce.
So why are uncontested divorces such a popular option? Let’s take a closer look at some of the benefits of getting an uncontested divorce.
Uncontested Divorce Proceedings Are Simple
Uncontested divorce proceedings are much simpler than contested divorce proceedings. You and your ex can have a few focused meetings to discuss the terms of your divorce with a mediator.
Once you have these in place you can hire an attorney (and share the cost) to draw up your settlement. Then all you need to do is sign and file it with the state.
As a result, there will be a lot less back and forth involved and you won’t need to hire teams of attorneys or make multiple appearances in family court.
Uncontested Divorces Are Cheaper
On average, a divorce in America costs upwards of $15,000, so they don’t come cheap! However, because they are simple, uncontested divorces tend to be much cheaper than most other divorces.
This is because you don’t have to cover the costs of multiple attorney meetings or court appearances. You also won’t need to pay for legal resources or administrative costs.
You Can Avoid Going to Trial
Around 5% of divorce cases go to trial in the US every year and this can be a very expensive process. It also means that the outcome of your divorce is out of your hands. The judge will have the final say.
With an uncontested divorce, you do not have to worry about this. The only time you’ll have to appear in family court is to tell a judge that you willingly agree to the settlement.
This spares you and your family a lot of unnecessary exposure and expense.
It is important to note, however, that if either of you fails to disclose all of your assets during the process you could end up in court. In that case, you will be liable for hiding assets and the court can hold you in contempt.
It Is Easy to Predict the Outcome of an Uncontested Divorce Case
Going into the divorce process can feel overwhelming, especially with a contested divorce. During this process, you and your ex will try to come to an agreement on the terms of your divorce.
However, the outcome of this depends a lot on your legal teams and how accommodating your ex is willing to be. If you can’t reach an agreement, you’ll go to trial. A judge will decide the terms of your divorce or send you for arbitration.
In comparison, you can go into an uncontested divorce with your eyes open. You and your ex will agree in advance on the terms of your divorce. So you know exactly how the process will work out.
Uncontested Divorces Are Collaborative
If you have children with your spouse then you will need to find a custody arrangement that works for the whole family moving forward. Where possible, it is great to take a collaborative approach to this.
The uncontested divorce process encourages you to work as a team to reach an agreement. This is a great way to move forward in life after your marriage and can really benefit your children.
Tips For Handling an Uncontested Divorce
If you are planning to get an uncontested divorce, here are some top tips for making the process run as smoothly as possible:
- Make full disclosures about your assets
- Keep your child’s best interests at heart when making custody decisions
- Get advice from an attorney about your legal rights and what to expect
- Get support from a mediator when discussing your divorce agreement
- Reach out for support from family and friends during this time
This will ensure that everyone involved in your divorce is treated fairly and feels supported.
Get Support With Your Uncontested Divorce Today
If you are considering a divorce and are on good terms with your ex-spouse then an uncontested divorce might be the right option for you. This is a great way of streamlining the divorce process and coming to an agreement that everyone is happy with.
It can help to use a mediator when discussing the terms of your uncontested divorce. These professionals help you discuss the terms of your divorce. They also ensure that your divorce represents everyone’s needs and interests.
In that case, get in touch with Fairwell Family Law Mediation today — we’re happy to help.