Uncontested Divorce

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A divorce is a crucial phase of life. Whatever decision you take, you must remember that this decision can alter your life to a great extent. This is true not only for divorce, but for any decision that you take regarding education, career, job, marriage, etc. So before taking a decision one must be aware of all the probable consequences, both positive and negative that your decision may bring. If you are considering getting divorced from your partner, you must be familiar with the types of divorce, divorce laws and procedures prevalent in your state. Divorce is a complicated and boring process and the emotional stress involved in it makes an individual the worst sufferer. There is a way to reduce your stress and avoid the tiring court sessions. If you go for an uncontested divorce, your divorce will be legal and less-complicated as well.

Studies reveal that around 95% of divorcing couples go for uncontested divorce. In an uncontested divorce, the divorcing partners reach an agreement regarding the divorce terms without the assistance of the court. Some of the divorce issues are as follows-

  • Distribution of Property
  • Spousal Support or Alimony
  • Child Support
  • Child Custody
  • Visitation

In most of the cases, the divorcing couples are able to reach to a mutual agreement and they present the court with an equitable mutual agreement. If the court considers the agreement to be fair, it grants the divorce. But if the couple is unable to reach to a mutual agreement, they must request the court to provide solution to certain issues.

Preparation needed for an uncontested divorce

An uncontested divorce becomes possible only when the divorcing parties are able to talk to each other and discuss the issues instead of having some disagreements. It is natural that the couples will have some personal issues and so they may feel uncomfortable approaching each other for a discussion. So both the parties should be on good speaking terms if they want an uncontested divorce.

You have to understand the advantages of an uncontested divorce. This can also be done by finding out the differences between uncontested divorce and contested divorce.

  • In an uncontested divorce, the divorcing partners may or may not take the assistance of the lawyers. But you will definitely need an advocate if you go for contested divorce
  • An uncontested divorce requires fewer amounts of money and time than a contested divorce. The court costs and lawyer fees involved in a contested divorce is not always easy to afford. If someone wants to save money, he/ she must convince his/ her partner to go for uncontested divorce
  • Sometimes children become the worst sufferer in a divorce. Their emotional, psychological and mental growth is hampered. The severity of this suffering can be reduced through an uncontested divorce. As the divorcing parents leave on a friendly note, their children are not adversely affected
  • Thirdly, the negotiations between the divorcing partners remain private. They do not become an issue of public record as in a contested divorce. On the other hand, in a contested divorce these private affairs are turned into mere form of entertainment which can be embarrassing for the partners and their families
  • In a contested divorce, the partners have to go through courtroom proceedings, wait for the next sessions which may be boring. One need to also gather evidences to prove statements and grounds for divorce. This becomes a long process. Whereas in an uncontested divorce, partners settle things between themselves and the court grants the divorce if it finds that the settlement is beneficial for both. The whole process does not take a long period of time
  • Unlike in a contested divorce, the partners can continue to maintain an amicable relationship with the spouse in an uncontested divorce. This relationship will certainly benefit the child as he/ she will try to love and respect both

Although there are a number of benefits of an uncontested divorce, such type of divorce is not advisable for spouses who face complex issues regarding assets and child custody. Property distribution is undoubtedly a complex area. Partners with substantial assets are surely going to face a tough time while deciding each person's share in their property. Again couples who have children may not be able to take wise decisions as they do not possess any good knowledge that lawyers and judges have. So an uncontested divorce is advisable for separating couples with limited issues and no children.

These are some general information about uncontested divorce. You must know some more topics associated with such divorces as cited below-

Information about state specific uncontested divorces

There are 50 states in USA and the definition of uncontested divorce remains same for all these states. But the divorce procedures and all the laws and rules pertaining to this divorce varies from one state to another. To obtain an uncontested divorce in your state, you need to know the particular laws and legal procedures of that state. Click on each of the following states to learn about the process of uncontested divorce of that state in detail-

New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Rhode Island
South Carolina
South Dakota
West Virginia

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