Issues Addressed In Uncontested Divorce
A court can rule on these different aspects of uncontested divorce.
Sharing of assets and debts
Alimony
Protective order
Visitation rights
Reversion to the spouse's name after marriage
Security regulation
An uncontested divorce occurs when both parties agree on all of the above points. If you and your spouse can agree on these, you may be able to work out an uncontested divorce.
If you do not resolve some issues, you may opt for mediation. In mediation, both parties (and their lawyers) meet with a neutral third party (the mediator). The mediator acts as an impartial third party but lacks the authority of a court to impose his will on either party. The mediator's role is to facilitate communication between the parties.
Some couples are able to reach an agreement on some aspects and have the judge rule on others, resulting in what is called a "partial uncontested divorce."
Is It Wise To Go Through With An Uncontested Divorce?
You now already have the answer to your question, ‘what is uncontested divorce?’ But then, how do you know whether this kind of divorce will work for you?
Uncontested divorce is a popular option among divorcing couples due to these two reasons:
You will need to appear in court if you opt for a contested divorce instead. Both the trial itself and its preparation take a great deal of time. Experiencing a divorce trial is among the most emotionally draining events that a person may ever encounter. An uncontested divorce is nearly always less expensive, takes less time, and is less emotionally draining.
You and your spouse will be in total control of the outcome if you settle the divorce out of court. Even if you might not agree with everything, the decision will not have been forced upon you. If you go to court, you will have to do whatever a judge directs you to do.
Hiring an Uncontested Divorce Lawyer
It is advisable for divorcing parties to hire legal counsel. Even in an uncontested divorce, you still need to fill out and submit court documents. These forms need to be correctly filled out; if they are not, major issues may arise. It is important to be informed before entering into a divorce, even for uncontested divorces. An experienced divorce attorney can help you successfully go through the process.
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