Getting a divorce is not an easy process. But things can go smoother with an uncontested divorce. You might be wondering what that means. If you and your spouse both agree to end your marriage, this kind of divorce can be the easiest way out for you.
What does it mean?
Uncontested divorce is where both parties agree to end their marriage. It means you have both accepted that you can no longer continue to stay married to each other. You come to a mutual agreement to divide all your assets. You come to an agreement on issues like child custody and support. It’s easy and cheap, offering both parties the option to end your marriage with dignity and without bitterness.
This is not the option if one of you does not consent to end your marriage. It will only lead to bitter fights and make the divorce process messy. Couples with a history of abuse also cannot apply for this kind of divorce. Couples who cannot bear to be in the same room with their spouse without fighting will also have difficulty in going through an uncontested divorce.
This might not be the right answer for every couple. But it can be the perfect solution for two reasonable adults who have mutually consented to end their marriage.
The most notable advantage of an uncontested divorce is the cost. If you both agree on everything and divide your assets by yourselves, you can save money in attorney fees alone.
A divorce that is uncontested is important if you have children. Going through a divorce process can be traumatic for children. But having an uncontested one will make it easier for the kids.
Another benefit is the privacy you can both have. Your divorce documents is a matter of public record. The agreements you both reach are there for the world to see. But the negotiations and discussions involved to reach an agreement can be kept private. This way makes it a bit easier for the whole family.
How it works
You both need to discuss the division of your assets, liabilities, child custody, child support and alimony. It is ideal that a divorce mediator is present to help draft an agreement of marital settlement. Once you are both satisfied with the agreement, you can then sign and have it notarized. You can now file the divorce papers with the clerk of the court and wait for the final hearing.
During the final court hearing you will be asked questions to verify your identity and prove up the divorce. If the court finds no fault with your settlement agreement, the final judgment will be signed. You are now divorced officially.
Getting divorced this way is by far the easiest to go through. It’s the most beneficial for all parties involved, particularly with children. You don’t have to agree on everything for this kind of divorce to be right for you. It’s not a question of agreement as it is your desire to end your marriage. It is easier to end a marriage when the desire is mutual. An uncontested divorce is easier, faster, and can help you a lot in moving forward to the next chapter of your lives.