If you and your spouse qualify for an uncontested divorce, it is almost always the better option. Every divorce comes with its pros and cons, but uncontested divorces tend to be the least stressful and are generally easier for all parties involved.
When it comes to the pros and cons of an uncontested divorce, it’s essential to keep your expectations reasonable. Just because the divorce is uncontested does not mean everything will be simple. So before you begin filing, it’s important to know what you’re getting into.
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Pros of an Uncontested Divorce
Divorces are expensive. When you and your spouse have to pay for a lawyer and a court date, things get expensive quickly. With an uncontested divorce, you will still have costs, but they will be much lower than the costs associated with a contested divorce.
The costs involved with uncontested divorces include filing fees and attorney costs. Even though you will not be going to court, getting an attorney is important to ensure that all the paperwork is correctly filed and the agreement is fair for both parties.
Uncontested divorces don’t go to court, which means your divorce won’t be put on the public record. While documents still need to be filed and records will be kept, you won’t have the publicity that comes with filing for a contested divorce.
All negotiations, conditions, and personal statements will remain private and only between you and your spouse rather than kept on file and in public records.
Once you file for an uncontested divorce, the process is relatively quick. You won’t have to wait several weeks or even months for a court date. Instead, you can complete the paperwork and wait for the divorce to be finalized.
Contested divorces are a stressful process. From arguing over the settlement to arranging time off to attend your court hearing, a contested divorce is emotionally draining and incredibly stressful. Uncontested divorces, on the other hand, are not as stressful or draining.
In an uncontested divorce, the settlement is reached amicably. There is usually much less animosity and stress on both sides.
Cons of an Uncontested Divorce
Potential Power Abuse
If one spouse is more assertive than the other, it is easy for the power balance to tip in favor of the assertive spouse. Even if done unintentionally, one spouse may be more assertive throughout the process and end up with a better end of the deal.
Because of this potential for power abuse, it’s important that you get an attorney involved. Even if you and your spouse never previously had issues with abuse or overpowering the other, it can happen unintentionally and remain unnoticed.
Strict Eligibility Requirements
In order to qualify for an uncontested divorce, you and your spouse must both meet certain requirements. These requirements will vary from state to state, but they severely limit who can qualify for an uncontested divorce and how the divorce can be filed.
Unfortunately, if only one spouse is willing to file an uncontested divorce or the other spouse is ineligible, you cannot file for an uncontested divorce even if you are amicable with your spouse and confident that you can both reach a fair settlement by yourselves.
Uncontested divorces make divorce easier and less stressful for everyone, but they do come with some cons. As such, it’s vital that you and your spouse understand these cons and are prepared to involve an attorney to ensure that the divorce goes smoothly. Call us today to discuss your uncontested divorce case and see how we can help you.