The advantages of an uncontested divorce are numerous: typically, it is faster, cheaper, and on your own terms. Under one condition: you and your spouse are able to negotiate and agree on the terms suitable and comfortable for both of you and your children.
That is why an uncontested divorce compares favorably with other types of divorces: a default divorce, which happens when the other spouse fails to respond to the filed divorce paperwork, may take an unexpected turn if the respondent changes his or her mind suddenly. In turn, a contested divorce is much more expensive and stressful as it involves a lot of courtroom posturing and drawn-out proceedings and may reach trial with little control over a judge’s final ruling. That is when Newcastle family lawyers should be called to handle the case for you.
Before discussing specific tips for an uncontested divorce, it is worth mentioning that it works best if both parties are well aware of what refusing to contest means, what they want, and what will be in the best interests of their children and each of them. If one spouse wants to get a divorce while the other hates even the thought of it, your options more likely include marriage counseling or a contested divorce. An uncontested divorce requires the spouses to present a united front rather than two squabbling individuals locked in bitter opposition.
Thus, here are two essential tips for an uncontested divorce:
Tip #1. Understand the advantages of an uncontested divorce
US divorce laws make it possible to have a cheap and fast divorce in any state if it is uncontested. Obviously, the waiting period between the deadline for the respondent to file an answer to the petitioner’s divorce complaint and the court’s final hearing differs by state. In most US states, it takes between 30 to 90 days to finalize a divorce, and divorces with children often have a little longer. Filing fees also vary by state, with the lowest being Mississippi ($50) and the highest cost of filing for divorce in California ($435).
However, divorcing couples should understand that if they rely on the decision of a judge to rule on custody, support, and property division for them, they cannot expect their divorce to last mere months and cost hundreds of dollars. They can be sure that it will expand to a year or more and cost thousands of dollars in legal fees.
Tip #2. Having an uncontested divorce doesn’t imply agreeing to unfavorable conditions
Your willingness to end your marriage quickly and cheaply is easy to understand. However, it doesn’t mean that you should sacrifice important things such as visitation rights, custody, child support, alimony, division of assets, or allocation of debts. If you and your spouse cannot come to an agreement on any of the divorce-related issues, it does not necessarily turn your case into a contested divorce. You simply need the assistance of a neutral third party, such as a mediator, a financial advisor, or a marriage counselor, depending on what exactly you disagree about.
More Tips on a Successful Uncontested Divorce
All the other tips stem from the first two. And they can be summarized as such: keep the children’s interests at heart, don’t let financial matters slide, and ask for help when you need it.
- Put the child’s interests first. Regarding child custody arrangements, aim to split legal and physical custody according to the family’s resources, the child’s desires, and the parents’ possibilities. If you have several children, they can have different custody schedules (for example, teenagers sometimes want different arrangements than parents suggest). The court expects you to provide a parenting plan where you detail who is the primary caregiver providing the child’s daily needs and accommodation and who is in charge of major decisions, such as education, religion, vacation, healthcare, etc.
- Be wise about your finances. Regarding the financial aspect of your divorce, be prepared to pull together the family’s assets and debts, your tax returns, and a list of your income and expenses. Keep in mind that your property division should include not only how you split a joint bank account and house mortgage but also insurance and pension funds. If one of you has a military pension and the length of your marriage is over 15-20 years, you need to consult a financial adviser experienced in the nuances of military divorce.
- Spend money wisely. It’s no secret that divorces are expensive. But can they be affordable? Sure, they can. An uncontested divorce allows spouses to forgo legal fees, thus significantly reducing the cost of divorce. If you don’t feel confident filling out divorce forms on your own, use the services of online divorce companies including onlineillinoisdivorce.com that will help you prepare the paperwork. Completing divorce papers and filing for divorce without an attorney is called a do-it-yourself divorce and enables divorcing couples to consider an inexpensive and effective option in contrast to high legal bills.
- Become familiar with the divorce process beforehand. Divorce is less stressful when you know what steps you need to take and what is expected of you. Studying family law and divorce requirements for your state is essential. Now all US states grant no-fault divorces, which means that neither spouse is at fault for the dissolution of marriage. Complete your application for divorce online, and specify grounds for divorce. Find out the address of your local courthouse where you will bring the divorce documents to file. Make sure you are eligible for divorce and have lived the required amount of time in the state and county to apply for divorce there. Clarify with the court’s clerk whether you can waive service if the respondent agrees to the divorce.
Make sure a DIY divorce works for you. Regardless of all benefits and savings of going pro se in a divorce case, it is not an optimal variant if your spouse has a lawyer while you don’t or if you see that your soon-to-be-ex-spouse can’t handle their resentment or anger. If you are not confident that you two can settle all money issues (child support, spousal support, allocation of debts, taxes, etc.) to the mutual benefit, it is better to hire a third party to do it for you.