An uncontested divorce is one in which both parties agree on all aspects of the divorce, including the division of marital assets, child custody, support payments, and any other matters that pertain to the dissolution of the marriage. While many divorce cases get attention because of the acrimony between spouses, many couples opt for uncontested divorces that don’t make headlines. The experts at Simple Divorce explain the benefits of an uncontested divorce further.
In most cases, an uncontested divorce is less expensive than one that is contested. The reasons for this are fairly obvious. There are fewer billable hours on a divorce that doesn’t require negotiation, which means you don’t have to pay an attorney for the hours that are normally spent on a contested divorce. Additionally, you probably won’t go to court, so except for filing fees, you won’t have any court costs that could be associated with a contested divorce.
Less Time Consuming
Uncontested divorces are usually over and done with more quickly than contested divorces. This is because there is less time spent on arguing over assets and negotiating payments and custody arrangements. Most of the decisions made in an uncontested divorce are made privately between the parties so the actual divorce is a mere formality. This allows you to get past this difficult time in your life and begin to move on.
It goes without saying that when two people decide to divorce, there are usually some hurt and angry feelings involved. This can lead to a lot of drama throughout the actual divorce process. Each side wants to win and make sure the other side loses. An uncontested divorce doesn’t usually include this level of drama because both parties have already agreed to what are typically the major sticking points in a traditional divorce.
Uncontested divorces usually have less drama after the divorce is final as well. This is because the parties are more inclined to follow the agreements they made themselves than if another person, such as a judge, makes those rules for them. When everyone follows their agreements and keeps their promises, the lives involved are much more peaceful.
Less Dependence on a Judge
When you contest your divorce, you are basically handing over control to the judge in your case. The judge decides how the property will be divided, who will get custody of the children, how much spousal and child support you will receive or pay, and which property must be sold. If you and your spouse can’t agree on these things, then by all means, involve a judge. But, if you would rather keep control of these rather important parts of your life, try to work them out without having a virtual stranger decide them for you.
Along with less drama, an uncontested divorce typically allows both parties to maintain a higher level of privacy. You don’t have to air your dirty laundry in a courtroom (that is public, by the way) and have strangers, and possibly non-strangers, know everything that went on in your marriage. Note that the divorce record is still public, whether it’s an uncontested divorce or not, but the actual proceedings won’t be held in a public arena.
Acrimonious divorces are always traumatic, not only to the two people getting the divorce, but also for any children involved in the process. Even an uncontested divorce will probably be difficult for the kids, but the more amicable nature of the uncontested process means that it will also be less traumatic for everyone. Moreover, the fact that uncontested divorces take less time also means the kids will be exposed to the process for less time as well.
This is probably the best reason for choosing an uncontested divorce. After all, your children’s interests should be at the forefront of every decision you make, even during a divorce and getting it over quickly is definitely in their best interests. Plus, when you and their other parent can work things out without having a huge, drawn-out fight, you’re being an excellent role model for your kids. They observe how adults solve conflicts in a reasonable manner rather than battling over everything.
While an uncontested divorce isn’t for every couple, it can be a good option for couples that agree upon all terms of the divorce. If even one aspect of the divorce is not acceptable to you or the other party, an uncontested divorce isn’t an option. However, knowing that a less expensive, quicker divorce alternative is available may encourage cooperation and compromise.