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Uncontested Divorce: What Is It?

Board Certified Boca Raton Divorce Attorney

When a marriage begins, there’s a ceremony where vows are given by each person joining their lives together. Many of those vows include a phrase about until death do us part, but in many relationships, circumstances come up that make it impossible to keep that promise. Like many things in life, marriages can go bad and result in the couple wanting to go their separate ways. It happens. The question that many have is what do you do next? There is this vision of having a messy divorce that drags on forever, but that’s not the only type of separation that exists. There’s also an uncontested divorce. This kind of divorce is an excellent option because it can be more comfortable for all parties.

What Is an Uncontested Divorce?

An uncontested divorce is when both people in the marriage agree to the divorce. In addition, they often agree on most of the significant issues of a divorce. These problems often include custody of their children, child support, distribution of the property, and spousal support. Using this method of separation can help to make it easier for both parties in the long run. This condition is because there are no additional disagreements to be settled by the court. The couple themselves make the decisions and agree with them. In fact, some uncontested divorces may only require a hearing.

How Does It Differ From a Contested Divorce?

The main difference between a contested divorce and uncontested divorce is the amount of intervention by the courts in making decisions. A more complex divorce where both parties cannot come to an agreement about how to split their lives takes more time and money. An uncontested divorce doesn’t require the same amount of time in the courts.

How Can an Uncontested Divorce Be More Beneficial to the Family?

An uncontested divorce can be more accessible for everyone in the family. It offers a lot of benefits. The couple gets the benefit of a smoother process. They won’t have to spend as much money on the proceedings. It also takes less time to go through an uncontested divorce. In all, it can be much easier to have it over and done with to move on with your life after divorce. That’s not to say that there won’t be any issues, but typically, it’s a more straightforward process in most ways.

It’s also beneficial for the children involved. The impact of any divorce can be hard on children. As most divorces can be messy because the different parties don’t agree on the separation, it makes it hard on the children. The arguments and the uncertainty in a contested divorce can be hard for everyone. Often, the children of the couple can feel the brunt of this uneasiness. An uncontested divorce is still hard on them, but they don’t have to listen to their parents disagree over and over.

What Is the Process for an Uncontested Divorce?

The process for an uncontested divorce is much more comfortable than a contested divorce. It typically begins by filing a petition for divorce with the court. This request will commonly include the decisions in how the marriage will be split and other agreements the two negotiated between themselves. There will also be a sheet about the couple’s finances. This sheet will identify their assets, liabilities, incomes, and other information.

After the petition, there is often a divorce hearing, but in some cases, an uncontested divorce doesn’t need to be heard by the courts. At the hearing, the judgment is given that dissolves the marriage. This is then filed with the courts.

This whole process can be as short as three weeks from the time of the filing to the dissolution of the marriage. However, if during this process, issues come up where both parties are no longer in agreement about everything, a contested divorce may be necessary. This event does at times happen when a couple was in agreement, but one partner changes their mind about something.

How Can a Lawyer Help?

In this age of the internet, there are plenty of resources online about how to go through the process of a divorce. The problem is that while an uncontested divorce can be more accessible, it’s still a complicated matter. It’s often beneficial for all involved to speak with a Divorce Lawyer Boca Raton to guide them through this process. A lawyer can make sure that everything is written up as it should be. They can also assist in cases where an uncontested divorce becomes a trickier contested divorce.

If you are considering a divorce, you should have a lawyer on your side. A lawyer will protect your rights through this process. You may not be thinking clearly because of the emotional nature of divorce. Contact Lewert Law today to discuss your potential uncontested divorce. We can go over your personal situation, and whether or not this type of separation is right for you.