Uncontested Divorce Facts

The easiest, cheapest, and most common method of filing for a divorce is to file an uncontested divorce. This basically means that both parties agree that divorce is the route they wish to take, and both parties are as amicable as possible through the proceedings. This does not mean that there are not emotions and not possible tension, but it does allow for the court to process the paperwork as fast as possible with little negotiating. If you and your spouse both agree to get a divorce then this is likely the route that you will take with your filing.

It is important to understand the benefits on an uncontested divorce so you can attempt to file that way if you were to get to this point in your marriage. An uncontested divorce basically states that both parties have agreed on the grounds of divorce and both parties are willing to move forward with the divorce based on the grounds listed. This means than one party does not want to sta married, and one party does not want to try to avoid the divorce. An uncontested divorce also has the advantage of little negotiating, because both parties are willing to make the changes in their lives to split their assets and their responsibilities for children (if any), after the divorce. This is the best cas scenario for a couple who wants to get divorced but does not want the baggage and emotional stress of a lengthy and ugly divorce battle.

An uncontested divorce does require that both parties find separate representation. The same lawyer cannot represent both clients, as there is the assumption that both parties will have separate interests that need protected. This does allow for any negotiating to take place that needs to happen, and it allows both parties in an uncontested divorce to have sound advice on their next steps.

It is important to remember that an uncontested divorce is still the best option to take even if you and your spouse do not agree on all of the terms of the divorce. This will simply require some negotiating before the divorce proceedings begin, but it will not prevent you from going through with the uncontested divorce. This is also the least expensive route of filing for a divorce as your lawyers will not have to bill you for as many hours as they would for a lengthy court battle over your divorce.