Making the decision to divorce isn’t easy on anyone. However, if both sides agree to a divorce and who gets what, you may be able to make the process a little easier with an uncontested divorce. Here are some of the pros and cons of an uncontested divorce, as well as what you can expect to happen during the process.
WHAT IS AN UNCONTESTED DIVORCE?
An uncontested divorce is when neither party is fighting. This means that both sides agree to the divorce and there is no disagreement in who gets what. Financial arrangements, such as spousal and child support, have also been arranged. Once this agreement is drawn up, it will be submitted to a judge for approval. In most cases, there should be no issues with an uncontested divorce being approved unless it’s clear one side is unfairly benefited or there are signs of duress from one party.
WHAT ARE THE PROS?
This type of divorce is usually the least expensive. This is because it usually requires less paperwork and/or intervention from an attorney. The less time you spend in court or in your lawyer’s office, the less you will end up paying in the end.
Since both parties are already in agreement, the process for this type of divorce is usually more streamlined when compared to cases that have to go to trial. There is also usually less paperwork associated with this type of divorce.
WHAT ARE THE CONS?
Not Always Applicable
Depending on where you live, this type of divorce may not be available to you. Make sure that you are eligible for this type of divorce by checking the laws where you live. Additionally, if the parties aren’t able to have a conversation without fighting or one side is adamant about keeping property, a contested divorce may be the only option.
May Need More Intervention
If information comes to light later in the divorce, such as one person hiding assets, this may not be able to be disputed in an uncontested divorce. In this case, a case proceeding would be necessary.