Is an Uncontested Divorce Right for You?
An uncontested divorce may be the right option for you if you can agree with your spouse about:
- A way to divide up all of your assets; including property, investment funds, and retirement accounts;
- A way to divide up all of your debts;
- Divorces with or without Children
- The payment of spousal support (alimony); and
- If you have children and agree with your spouse regarding where their primary residence will be, how you will share the care of them, and the payment of child support.
If you cannot reach an agreement with your spouse alone and still want an uncontested divorce, you can consider mediation. This is where you, your spouse, and a neutral third party (usually a qualified family attorney) spend time together discussing the issues that you cannot agree on with the goal of reaching a global settlement of all issues. If an agreement can be reached through mediation, then a divorce decree can be drafted to reflect the terms of the agreement.
The Benefits of an Uncontested Divorce
An uncontested divorce has many benefits. It saves money and time and gives you more control over your future. Where children are involved, it has the added advantage of minimizing family disruption and the ability to keep good communication lines open between you and your spouse promoting peaceful and constructive co-parenting.
Do I Still Need an Attorney?
If you have reached an agreement with your spouse or believe that you can, it is vital that you have the arrangement reviewed by a family law attorney.
We can advise you how a judge might decide your case and prepare your pleadings (court forms) and the formal agreement. While legally a lawyer cannot represent both you and your spouse, we can draft the necessary legal documents to take account of both of your wishes and advise you on the implications of the agreement.
If you have already attempted to draft an agreement with your spouse, we can review the proposed document to ensure that there are no mistakes or procedural issues that may prove a problem in getting it enforced. We will also advise you about your rights under the law and the advantages and disadvantages of the agreement.
Once the agreement and the other necessary legal documents are in order, you and your spouse must sign the agreement. We can then file the agreement with the court. The court will review the documents to make sure they adequately address the legal requirements. Assuming everything is in order, the court will sign a Final Divorce Decree and the marriage will be finally dissolved.
What’s the next step?
If you are interested in having us represent you in your uncontested divorce, please contact us or you can get started by completing our Confidential Information Form.