• Why is an Uncontested Divorce Beneficial?

    Ending a marriage is never a simple process. When you get divorced, it takes a lot of time to recover, affirm a personal identity and rebuild a solid foundation so that you can support and withstand another relationship.

    However, it can be made a lot simpler if the spousescan agree on matters such asdivision of the marital assets and debts, child custody and timesharing and child support. The process in which a divorcing couple agrees to end a marriage by working out important divorce issues themselves instead of litigating in court and having a judge decide the intimate issues of your married life is known as “uncontested divorce”.

    Eligibility for uncontested divorce

    Any divorce can be uncontested as long as the divorcing coupleis willing to work on the issues in an amicable manner. It is helpful to work with an attorney that understands major issues like property division, spousal support, and child custody/visitation schedules.

    The procedure to get an uncontested divorce is quite simple. Under this procedure, one spouse generally initiates the paperwork for uncontested divorce. If the other partner agrees, a judge will grant the divorce using streamlined court procedures.

    Advantages of uncontested divorce

    There are several advantages of an uncontested divorce over a contested divorce, including:

    • An uncontested divorce is usually much less expensive.
    • Major court hearings are generally not involved when filing for an uncontested divorce.
    • Since the parties involved in uncontested divorce agree to all the terms of the divorce, the entire process can be completed much quicker than a contested divorce.
    • Parties are generally far more satisfied with a settlement they achieve than with the verdict of a judge
    • As the process is quite shorter, uncontested divorce typically results in lower attorney fees and court-associated costs for both parties.

    While uncontested divorces have a lot of benefits,they can be a bad idea in situations where there is:

    • A history of domestic violence, emotional abuse, or some other discrepancy in power in the relationship
    • When the parties are not able to talk with each other without fighting
    • When one or both parties are vested in keeping specific items of property, or expect a larger share of the marital assets
    • When one party is hiding assets or the other party believes there are hidden assets
    • When one party tries to use the children as leverage against the other

    In any situation regarding uncontested or contested divorce, you should contact a Delray divorce lawyer to assist with the process.

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