An uncontested divorce is a less stressful and more inexpensive option than a contested divorce. In this divorce process, you must first fill out a divorce settlement agreement that outlines the specifics of the agreement you made with your spouse. This agreement will then be taken to the judge who will usually ask basic questions. Often, the judge will approve the agreement unless it is not fair to one party.
Writing the Settlement Agreement
It can be time-consuming and complicated to draft a settlement agreement because you and your spouse must agree on everything before you take the agreement to the judge. the process can be a bit easier if you don’t have children and don’t have substantial assets. Often, it is worth retaining an uncontested divorce lawyer to help you draft the agreement. Your attorney can also review the agreement to ensure your rights are protected.
Reasons for Picking Uncontested Divorce
An uncontested divorce is a better option to finalize a dissolution of marriage for the following reasons:
- It is cheaper. An uncontested divorce takes less time and most of the work is done outside of the courtroom. As a result, the costs of this divorce can be cheaper. The faster procedure will save you money in attorneys’ fees and filing fees.
- It has a more predictable outcome. An uncontested divorce eliminates the need for a court hearing because both parties involved agree on the terms of the divorce. The judge will only check the documents presented and approve the divorce if everything is fair and lawful. With this form of divorce, you and the judge determine the outcome.
- It keeps information out of public records. Unless sealed, the majority of divorce paperwork filled during a divorce proceeding is public record. But, in uncontested divorce cases, the documents you file don’t reveal lots of information. Therefore, only a few pieces of information go out into the public record.
Should You Hire an Attorney?
Although it is not a legal requirement to have an attorney in an uncontested divorce, it is in your best interest to have legal representation. While you may be able to handle the case without help from an attorney, a lawyer can go through your divorce agreement to ensure your rights are protected. Also, you may want to hire a mediator to help you and your spouse reach an agreement. A well-trained mediator will help you explore your options and reach a mutual agreement.