Divorces are quite common in the United States. In any given year, thousands of couples will choose to walk away from their existing marriage. A marriage that is no longer working can be unworkable due to many issues. In many cases the partners have simply grown apart. In other instances, the person may have found someone else they wish to marry as soon as possible. A divorce is legally binding agreement that can be upheld in court. In order to get a divorce, the parties to the marriage must agree to go through the divorce procedures. Only then can the marriage contract be considered no longer in effect.
The Uncontested Divorce
A divorce can be what is known as a contested divorce or an uncontested divorce. If the parties are not in agreement about what they want from the legal process, this is known as a contested divorce. On the other hand, if both parties can agree to an easy, simple uncoupling process, this is a form of divorce known as the uncontested divorce. That means that neither party to the marriage has any kind of issues they wish the court to address on their behalf. This kind of divorce has many benefits for both parties and a handful of drawbacks.
This kind of procedure is typically a lot easier than other forms of divorce. It’s also likely to take up a lot time and cost less for both parties. That is why so many people find it a useful procedure to undergo once they begin thinking about divorce. If you are someone who might fall into this category, it’s a good idea to know why this might work for you. It’s also a good idea to understand how you can qualify for the uncontested divorce in the courts system in your state.
Your Eligibility
While the uncontested divorce has a great many advantages, it’s good to bear in mind that not everyone can qualify for this kind of legal sanction. The fundamental point is simple. You need to have no disagreements about any form of your plans after the divorce is completed. That includes all the details. If you have only been married for a short time such a few months, you might have few assets that must be divided up in the event of a separation. The same is true of many long standing marriages where the partners have simply lived together.
If you have issues such as child custody arrangements, these can be hard to work out before you get to the courts. The same is true of complicated assets. One party may have a pension that includes survivorship rights. A divorce can impact the other party’s ability to retire. One party may also have lots of property that cannot be divided easily, especially in a down market. In that case, the parties are not eligible for this kind of divorce. They will have to seek a much more complicated process in order to get the marriage dissolved.
The Benefits
One of the reasons why so many parties choose to seek this form of divorce is because it is so much easier than a standard divorce. An uncontested divorce typically involves a much shorter time. That means that both parties can move on. They can get married to someone else without waiting for months or even years for the divorce to finally go through legally. This kind of divorce also allows people to save money on legal fees. A contested divorce may require one party to hire someone to prove their claims such as the fact that they are more fit to assume primary custody of the children.
Keep in mind that divorce proceedings, like other legal matters, are entirely open to the public. People may not want to reveal exactly how much they have earned to the rest of the world. They might not wish to reveal other personal information in a binding forum. The use of the uncontested divorce allows for both parties to continue to shield the most important details of their lives from the prying eyes of the public. That is a measure of privacy well worth it in many cases.
Some Disadvantages
While this kind of procedure is one that can offer many important benefits, it does have some drawbacks both parties should know about. In many cases, complicated issues need a lot of scrutiny and legal help. The courts can help both parties figure out what is legally required when it comes to issues such as spousal support and caring for kids. One party may have lots of legal issues that cannot be worked out without intervention. In that case, it might make sense to think about a different form of divorce instead.
