When you first hear about an uncontested divorce, it can seem like the best option imaginable. There’s no court interference, quick filing, and all without arguing over who gets what. However, the novelty of an uncontested divorce can also seem daunting. Let’s look at some pitfalls associated with an uncontested divorce.
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Are There Any Pitfalls With Uncontested Divorce vs. A Traditional One?
Traditional divorces can take months to finalize. Even if you and your spouse are in agreement on most things, having to schedule a court date and arrange everything in advance is time-consuming and challenging. If you and your spouse are separating on less than amicable terms, then there’s even more stress involved.
Uncontested divorces, on the other hand, are relatively quick and easy to file for, so long as both you and your spouse qualify for one.
The biggest and only real downside with an uncontested divorce is trying to qualify for it. There are a lot of very strict requirements, and even if you meet 90% of them, you’ll be forced to go through a traditional divorce.
In order to qualify for an uncontested divorce, you or your spouse must have resided in Florida for at least the last 6 months. You must both agree on the legal reason for the divorce as well as agree on every aspect of the divorce: division of real estate and personal property, division of money, and bank accounts.
The courts will not allow an uncontested divorce if you have dependent children or are pregnant. Both parties must agree fully and completely with the decision to file for an uncontested divorce too. If your spouse does not agree to an uncontested divorce, then you do not qualify as a couple.
Benefits of Uncontested Divorce
While qualifying for an uncontested divorce can be extremely difficult, there are many benefits that come with one. Many couples may decide to put aside their differences just so that they can benefit from an uncontested divorce.
Save Time and Money
It’s always advised that you have an attorney present when you make arrangements for your divorce, but if you file for an uncontested divorce, the costs will be much lower. You won’t have to worry about court fees or increased attorney fees.
As uncontested divorces don’t involve the court, they can be filed and completed much quicker. This will help you save time and help you get past the divorce quicker than if you went the traditional route.
Less Stressful
Divorces are stressful, but uncontested divorces will be the least stressful. As you and your spouse work amicably to settle things, there will be less emotional drain than if you separated under bad circumstances and can’t agree on how things will be divided. As uncontested divorces are much more private, you also won’t have the stress of a public process.
More Control
In a traditional divorce, it’s ultimately the judge that makes the final decision. This takes away your control of the situation and can leave you with a less-than-ideal decision. When you file for an uncontested divorce, though, a judge won’t get involved. It’s between you and your spouse to determine how things will be split, which allows you both more control over the proceedings.
Maintain a Healthy Relationship
Uncontested divorces are less likely to turn a relationship sour. If you and your spouse are parting on neutral or even amicable terms, filing for an uncontested divorce will help keep your relationship healthy. If you have children, this can provide them with happier home life.
Conclusion
Uncontested divorces do have their pitfalls, but the benefits far exceed them. If you and your spouse qualify for an uncontested divorce, it’s almost always recommended that you choose that over a traditional divorce. With less stress and more control, your divorce will go smoother.
Emily A. Konicek brings 14 years of experience to your family law concerns. Emily excels at mediation, negotiation and litigation, and can help you pursue a course of action that helps you meet your goals for the future and for your family.
