What is an Uncontested Divorce?

An uncontested divorce is the most commonly used form of divorce used by couples who wish to end their marriage quietly and with dignity. It is inexpensive and easy, but it is not for everyone. The advantages of filing for an uncontested divorce include the cost of it as well as the ability to work through any issues without requiring the use of attorneys.

In most uncontested divorces, you pay a filing fee and perhaps a few hundred dollars to meet with a mediator to work through some sticking points. You could pay an attorney to review the terms of your divorce before you file with the court. All in all, if you don’t have to get legal representation and go to court, a divorce can cost you around $1,000.

If you do have to hire an attorney to dispute or negotiate a divorce, you can easily spend thousand of dollars in the process. Unless there are major sticking points, an uncontested divorce is your best option for ending a marriage.

That being said, if your spouse is abusing you or treating you without equanimity, then it may be worth the extra money to have a legal professional work as your advocate. If your spouse and you cannot sit in the same room and discuss the terms of your divorce, then you may be forced to both hire separate lawyers to negotiate for you.

Divorces can be ended quickly and quietly if both parties are able to agree mutually on the terms. Issues like money, custody of children and who gets what physical possessions are usually the biggest hurdles to overcome. It is important to remember that neither party is going to get 100% of what they want. The longer you have been married and the more wealth you have built over time, the more in alimony one party will most likely have to pay the other.

You should sit down and write an exhaustive list of all possessions and spell out who gets what. For some splitting couples, it is easier to simply sell everything, the house, the boat, the toys and split the money fifty-fifty.

If you have children, you will need to decide what type of custody you will have. Will it be joint custody for both physical and legal or do you plan to argue for sole custody? Most people are reluctant to giving up sole legal custody. Giving it up means the parent with sole legal custody does not have to confer with the ex-spouse on legal matters.

An uncontested divorce is cost effective and quick and allows both parties to move on with their lives. Serratelli, Schiffman & Brown P.C. provides attorneys which helps you through every aspect of your marital dissolutions as quickly as possible.

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