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Divorce is a life-altering experience (as is marriage, for that matter), but it doesn’t have to be traumatic or dramatic. According to the American Bar Association, around 90% of divorces in the U.S. are settled out of court in what’s called an uncontested divorce.
This is when both spouses agree on major issues (property, custody, support) without litigation. This type of separation saves both partners time and money and allows them to move on with their lives.
Yet, this simple solution is not always the right one. In this article, we’ll discuss the pros and cons of uncontested divorce and the scenarios when it makes sense.
When Uncontested Divorce Works Well
Not every couple discovers the secret to a happy marriage in time to repair the small cracks in the foundation of their relationship. And this is normal. After all, some relationships aren’t meant to last that long.
If you’ve reached an impasse and you can’t see a future next to each other, then separation is the logical outcome. Now, if you can put aside the negative feelings that are often associated with divorce and be civil with each other, you may be able to cut your losses and complete the proceedings within 3 to 6 months.
Uncontested divorce is usually the way to go when there aren’t many complicated assets to divide and when the couple can agree on how to co-parent and handle finances. In a weird twist of fate, property, finances, and children are some of the main reasons why many couples get divorced.
When It Backfires
We all know life’s not fair, so not everyone can have an amicable divorce. Sometimes there’s drama, other times one of the partners tries to grab more than they should, and some other times, the asset division is too complex to be handled out of court.
If you can’t reach an agreement with your spouse on the fundamental issues that keep you connected (assets, children, finances), then the divorce becomes contested. This is when lawyers and courts get involved.
Contested divorce is a much longer (one to three years), more expensive, and more emotionally draining process. It can also emotionally scar children if it’s not handled correctly. Still, sometimes, there’s no other way out but through.
If this is the case, find yourself a good divorce attorney. It’s best to look for someone local who knows the law of the land because states have different views on important matters, such as property division, whether fault can be a factor, and mandatory waiting/separation periods.
For instance, Texas is one of the nine community property states where all assets and debts acquired during the marriage are split 50/50. There’s also a state-mandated waiting period that must pass between the date the divorce is filed and the date it can be finalized. In Texas, it’s only 61 days, but in North Carolina and Virginia, this period lasts for an entire year!
In short, if you’re in Texas, find a divorce attorney who knows all these details. Until the divorce is finalized, you’ll see your legal representative quite often, so it’s best to find one that’s easy to reach. If you’re in the Galveston area, for instance, you should look for an experienced divorce lawyer in League City, which is easier to get to than Houston.
Is Uncontested Divorce Right for You?
It depends on your relationship with your soon-to-be ex-spouse and the type of assets you own together. It’s also a matter of the state you live in, since things are so different from one state to another.
Overall, if you can sit down and talk things through with your marriage partner, you should be able to get an uncontested divorce. Still, before you sign anything, it’s best to consult a divorce attorney and have them review the agreement.
You might not fully understand your rights regarding property division, spousal support, or child custody under your state’s laws. If this is the case, a lawyer will point these things out and help you draft a better agreement.
Furthermore, a legal professional who has your best interests in mind can help you anticipate potential problems that you may not have considered. This includes complex issues like the tax implications of asset transfers, division of retirement accounts (e.g., 401ks, pensions), and how the agreement will hold up to future life changes.
Wrap Up
If your marriage has reached its end, and both you and your spouse can be civil about it, then an uncontested divorce makes sense. If not, then the only other option is the contested divorce, which is longer and more expensive. Whichever path you take, make sure to get advice from a good divorce attorney.
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