Benefits of An Uncontested Divorce
Many marriages end in a divorce after couples realize that being in the relationship does more harm than good. Motivations and causes differ, but most people don’t divorce on a whim and it’s a carefully thought out decision. Divorcing couples can take one of two different paths to end their relationship legally- contested and uncontested divorce. Uncontested divorces are less painful for all parties involved, which is why most couples choose to go down that route.
What is an uncontested divorce?
In an uncontested divorce, the couple negotiates and agrees on all matters related to the divorce. They make a mutual decision to separate and file for it in court after the negotiations are complete. This type of divorce has been on the rise since the law was amended to allow “no-fault divorces.” The fault-based divorce system only allowed couples to separate if there was a fault like infidelity or cruelty, etc. No-fault divorce systems allow couples to separate on the bases of irreconcilable differences.
What does the couple need to agree on to carry out an uncontested divorce?
The divorce is only uncontested if the couple arrives at an agreement and are reasonably satisfied with the terms of their separation. If one party doesn’t agree, the matter is taken to court and the judge decides who “wins” or “loses” the matter. This is called a contested divorce which can be time-consuming. Here are some of the matters all people involved need to agree on:
- They need to agree to separate and file for a divorce.
- The couple must agree that there are grounds for divorce.
- They must plan and agree on how to divide assets, property, and debt.
- In case they have children, the couple must determine who gets primary custody and the other would get parenting time.
- Spousal support and child support should also be discussed and agreed upon.
What are the benefits of an uncontested divorce?
There are a number of advantages to an uncontested divorce that makes it’s a more comfortable and agreeable alternative to a contested divorce. Most couples come to an agreement through negotiations, thought, and consideration. A contested divorce benefits both the parties involved such as:
- Faster resolution – It are faster as it only involves a few meetings where the couple negotiates on their own schedule before they file for the divorce. There’s no long and drawn-out court case where the couple has to wait for the court to schedule their case, attend several sessions, and continue to disagree until a judge makes the decision for you. Court cases can drag on for months and even years in some cases, which is why it’s a good idea to consider an uncontested divorce.
- The process is calmer – The uncontested divorce process is calmer and less violent. Couples don’t air out their personal problems or dirty laundry in the court but carry out reasonable negotiations in meetings. Divorce is a very difficult and emotionally stressful time. A court case with a contested divorce can add to the stress and make things difficult for everyone involved.
- Easier for children – Children endure a lot of stress and uncertainty during the divorce process, regardless of the type of divorce. However, an uncontested divorce proceeding is less stressful and easier to handle. Children adjust better and don’t feel like they need to choose sides in a war between parents. They also recover from the divorce faster and feel more stable because their parent’s relationship is amicable.
- Easier to maintain a good relationship with an ex – If there are no children involved and all assets are divided well, couples can cut contact with each other entirely. However, that’s not possible in most divorce cases as there are often children involved. Couples share joint custody or have visitation rights to their children so they need to interact regularly.
A couple that opts for an uncontested divorce can handle this better and have a healthier relationship. They can also become close friends down the line and work with each other for the benefit of their children. The relationship isn’t as healthy after a contested divorce.
- Getting a fair settlement – No one knows the relationship and the personal requirements of the couple involved than the couple themselves. They are aware of their assets, their children and their preferences, and other similar factors that are involved in the divorce proceedings. Couples can discuss their requirements, carry out negotiations, and come to a solution that works well for everyone involved. That isn’t usually possible with a contested divorce and couples have to follow the guidelines the judge has set for them.
- Affordable – An uncontested divorce is much more affordable than a contested divorce. The former doesn’t take too long and doesn’t consume too much of the court’s time, which can reduce the legal charges involved. The couple doesn’t need to hire a lawyer so getting professional assistance is recommended. Even if a lawyer is hired, the couple doesn’t need to retain them for too long because the matter is resolved quickly.
- There are fewer legal troubles down the line – If the parties involved are dissatisfied with the court’s ruling on a contested divorce case, they can appeal to a higher court, which can lead to more expenses, stress, and problems. Appeals and other legal concerns are not as common in an uncontested divorce though they can happen, especially if there’s undisclosed information involved. As the agreements and settlements in an uncontested divorce are usually fair to both the parties, former spouses don’t need the need to reopen the case and go through the stress again.
Sometimes couples just can’t come to an agreement and are forced to carry on with a contested divorce, but this can be avoided, especially if they have help. An uncontested divorce is a right choice for a couple. Experienced lawyers who are aware of the law understand how to carry out negotiations in a controlled manner and ensure that both are treated fairly. The lawyers will also file the paperwork required, make sure there are no errors, and provide advice on related legal matters.