What is an Uncontested Divorce
Written by Michelle N. Ogborne

What is an Uncontested Divorce?

Uncontested divorces are divorce orders that neither spouse is resisting. When both parties in a married couple agree to get divorced, filing an uncontested divorce saves time and money direct simplified court proceedings. The couple is required to:

  1. Each agree to the divorce (if one individual doesn’t go to the divorce proceedings it will be deemed as agreeing to the divorce)
  2. Be devoid of any financial issues (like child custody or spousal support)

However, more convoluted divorces may fall outside these ranges in a specific status; when both sides of the relationship are primed and both are in agreement to the bigger matters in many of divorces (like child custody, child support, division of property, and alimony), a simplified, non-combative divorce could save sizable amounts of money and time.

Eligibility for an Uncontested Divorce

Uncontested divorces are typically accessible to spouses that have no leftover disagreements in regard to the basic divorce matters: child custody, child support, division of property, and alimony. Comparable to contested divorces, it starts by on spouse filing for a divorce. Uncontested divorces typically have simplified documentation, whereupon property and child custody details are filed, together with a declaration of the grounds for divorce.

If the other party is in agreement to the divorce (simply, does not “contest” it) or doesn’t show up, it could be granted by the court. If the other party isn’t in agreement and makes the required court filings, the uncontested divorce won’t be granted.

Uncontested Divorce Benefits

One main benefit of this kind of divorce is the savings in divorce expenses. Whereas attorney representation will usually be advisable in any type of divorce, the simplified procedure comprises of decreased court costs, as well in decreased attorney bills.

Uncontested divorce also enables a lot of couples to get the divorce granted faster than in contested ones. With less proceedings and fewer legal wrangling, it enables couples to move on with their lives faster.

Although divorce of any kind typically involves some sort of conflict, progressing with an uncontested divorce could lower the conflict among the two parties by simply providing decreased opportunities for conflict to come up. With less demand for back and forth information and fewer proceedings to come to resolutions in disputed parts of the divorce, conflict among the soon to be exes can be decreased.

Without the information filed under seal (which can be difficult), the information of the divorce proceedings becomes public record. Meaning that not just personal information one party alleges about the other, but also financial and other private details becomes public record. However, divorces that are not contested, there’s simply less details filed with the court to go to the public record. This enables spouses that agree to a divorce to decrease the amount of private details made public.

Uncontested Divorce Disadvantages

Couples that have children, convoluted or disputed property agreements or possible disagreement as to alimony should heavily weigh if uncontested divorce is suitable. The tradeoff for simplicity and cost-saving comes at the expense of being able to satisfactorily establish complex custody decisions, in addition to complicated property division or alimony arrangements.

Couples that have children need to make added filings in regard to the child(ren) custody and child support if seeking an uncontested divorce. The streamlined divorce procedure in many states isn’t available if the couple have children. The importance of legal resolution of child custody matters calls for a more detailed proceedings available than typical divorces.

The matters involved in a divorce are huge from who will raise the children to how their property will be split. A knowledgeable divorce attorney could help not only get you the best results, but also assist you in finding the most cost-effective way to divorce.

Get a Legal Assistance with Your Uncontested Divorce

Divorce, if contested or uncontested, can be emotionally distressing for everyone involved. Speak with an experienced divorce attorney that can guide you through the process to safeguard your privacy and to guarantee your financial security.

Source:

  1. Uncontested Divorce.Findlaw, 12 Nov. 2019, family.findlaw.com/divorce/uncontested-divorce.html.

Choose the Right Uncontested Divorce Lawyer in Arizona

Regardless of the choice you make, it’s important you make the best choice for you when hiring an uncontested divorce attorney. Remember: The decisions you make now can affect your future. Ultimately, choosing the best lawyer will depend on which lawyer feels best for you and your situation.

If you want to learn about Michelle N. Ogborne and see if she is the right attorney to represent you in your collaborative divorce in Arizona, contact us today!

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