Choosing the path to legally single life after a tough marriage is confusing for many couples. The potential initiators of divorce are usually lost when it comes to deciding on whether they should go through a trial or get divorced peacefully. They don’t know how these processes differ and what needs to be done to get a quick and relatively painless divorce. In the post below, you will find out the advantages and disadvantages of an uncontested divorce and thus will be able to decide whether it fits your situation.
Simple divorce pros
Overall, uncontested marriage dissolution is a fast and easy way to terminate a marriage. How is it so convenient? See below.
The first and foremost thing about the pros and cons of divorce without litigation is its amicable principle, meaning that the spouses decided to find an agreement on their own and not fight over anything in the courtroom. This is the feature that makes uncontested divorce so appealing to many people: who wouldn’t want to preserve friendly relations with their exes and be able to communicate regarding kids and property peacefully? An uncontested divorce allows people to stay in touch without being reminded about the times they were pulling out their dirty laundry in front of the judge.
It’s finalized shortly
Another benefit of uncontested marriage dissolution is its short duration. In most states, you can expect to finish the process in one to three months (in others it can take up to four months). This period is far shorter and more bearable than the one of litigation, which can go on for years without any improvements and agreements. Therefore, if you opt for an uncontested marriage termination, you’ll be able to save time and get back to realizing other plans faster.
It requires fewer papers to prepare
Although if you take a look at the whole list of documents to fill out and submit for a simple divorce, it may not seem short, but trust us: it’s not that complex compared to contested divorce papers. In the second case, spouses bring new and new statements, affidavits, etc. to every new court hearing while the uncontested dissolution of marriage implies only one set of papers that you need to file, and nothing else will be needed. The list of forms to complete varies from state to state but mostly it looks like this: petition for divorce and summons, financial statements, property documents, and settlement agreement.
It doesn’t leave you bankrupt
The thing the majority of couples would appreciate is a cheap divorce where they don’t need to give their last money to attorneys for the presentation of their interests in court. Luckily, it’s about the divorce when no one contests anything: both partners can present their claims on their own without the lawyer’s service. This is because this process doesn’t imply hearings with public discussions: a judge reviews the case on their own and invites you to the courtroom only to announce its result.
It’s not public
The last advantage is that the uncontested divorce doesn’t imply other people being aware of what’s going on in your life. If you’re not going toward loud litigation, there’s no need to gather numerous witnesses from your family and friends circle to prove your words in front of a judge like Johnny Depp and Amber Heard did.
Uncontested divorce cons
Now let’s see what can hold you from getting uncontested marriage dissolution and living happily ever after.
It’s not available everywhere
Although no-fault and uncontested divorces become more and more popular across the nation and the world, there are places where they’re still not available. Therefore, before taking any step towards breaking up with your spouse legally, it would be smart to check the current divorce laws in the area you’re living in. Also, tracking the changes in legislation is advisable if you’re not in a hurry to get divorced: things change fast, and you might become eligible for a simple divorce in a few months if not now.
It requires certain demands to be met
Each US state has its requirements for a simple marriage dissolution that a couple has to fulfill to get a divorce decree. Usually, it’s a residence requirement meaning that either or both spouses have to spend a few months living in a state and/or a certain county before submitting their papers to the local court. Sometimes, state laws require couples to have their marriage registered in the state where they want to divorce.
It’s more complex in terms of a divorce law self-education
Although we call uncontested divorce a simple procedure, it shouldn’t mislead you: this process is a bit more difficult since you have to learn a lot about it before you start it. To save your time, cut your expenditures, and decrease the stress levels, each petitioner has to find out the stages of divorce in advance, including how much does a divorce lawyer cost in California. You might spend a lot of time on it, especially if you’re not very legally savvy, yet it will pay off once you start the process.
It suits only simple situations
Unfortunately, many states can’t grant an uncontested divorce if the couple has children under 18 years old and can’t find an agreement regarding the custody, are in abusive relationships or want to divorce due to infidelity, etc. For such cases, couples should choose litigation to dissolve their marital bonds. Uncontested divorces imply the absence of conflict between spouses.
It doesn’t imply additional discussions in court
In case you’re watching out for cunning actions from your future ex during a divorce, you may want to have a chance to protect your honor in the courtroom. However, an uncontested process of marriage dissolution doesn’t offer such a possibility. If you know that the other spouse may refuse to agree at some point of the procedure and try to turn the process upside down, it’s better to get legal consultation in advance and opt for other ways to get divorced (litigation, mediation, etc.).