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An uncontested divorce is when you and your spouse agree to all terms of the divorce, or your spouse does not respond to the court papers served to them. You might represent yourself in an uncontested divorce, but a defense attorney might be helpful, especially if your partner has one. Click here if you want to learn more about divorce laws.
To obtain an uncontested divorce, you must file documents with the court. In most cases, you and your spouse are not required to appear in court.
Can Couples with Minor Children or Significant Assets Divorce Amicably?
Couples with kids or significant assets can usually proceed with an uncontested divorce if they consent. A team with differences in opinion in one or two positions may still be able to prevent a disputed divorce.
Still, they must bargain together until they reach an agreement. If they can communicate effectively, they may be able to negotiate directly. If this is not possible, couples can seek mediation to help them resolve their differences. They can also make a deal through divorce attorneys.
Do You Need Lawyers for an Uncontested Divorce?
You will most likely be able to handle an uncontested divorce without the assistance of a lawyer. Still, you may want an attorney to review your documentation and possibly review your legal settlement, especially if you have young children and significant assets.
Couples with brief marriages, no minor kids to care for, and few funds to split might be ready to fulfill their divorce without getting a lawyer.
Many couples hire a mediator to assist them in reaching an agreement on property and custody issues. If you or your partner have work-related pension payments, you may need to employ an actuary to price them or a litigator to prep the judge’s order. Assuming you hire professionals to handle these tasks, you should be able to complete everything for between $3,000 and $6,000, depending on the region and how much defense attorneys and actuaries cost.
Couples in more complicated situations may proceed without attorneys, but with greater caution, as one or both spouses may be giving up significant legal rights. Hiring an expert attorney to evaluate documents and signed agreements is necessary to ensure you haven’t made errors or unknowingly waived a legal right.
Preparers of Legal Documents
You can get help with your divorce paperwork from a legal document preparer. Legal document preparers, legal assistants, or legal typists can assist you in preparing court documents for divorce. They cannot provide legal advice, but they can make sure that all forms are filled out so that your court proceedings go smoothly.
The Benefits of an Uncontested Divorce
The most obvious benefit is the cost savings. Uncontested divorces cost significantly less than contested divorces. An uncontested divorce is frequently finalized by only paying the court filing expenses, which is usually a few hundred dollars. Even if lawyers prepare documentation or assist with limited negotiations, fees can be kept low if the couple can reach an agreement without court proceedings. Not going to court is another significant benefit of an uncontested divorce. Keeping disputes to a reasonable level can also help everyone involved recover faster.
When Uncontested Divorce Is Not a Realistic Option
An uncontested divorce may not be an option for marriages with complicated issues and significant differences of opinion. Significant disparities may complicate matters, such as when one spouse earns significantly more than the other. A spouse who has witnessed or is concerned about domestic abuse by the other partner will be vulnerable in any negotiations and will almost certainly require legal assistance.
Even if an uncontested divorce is not an alternative, a couple should consider if they can resolve specific problems outside of court before concluding that a fully contested divorce trial is the only option. Protracted lawsuits are always adversarial and costly, so it is best to consider all other options first.
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