uncontested divorce versus contested, which is best?
Basically an uncontested divorce is where both spouses agree on how to divide the marital assets, custody of any children or animals, and also agree on alimony if there is any to be paid. By agreeing on every issue, and not contesting any of them, the divorce does not have to go to trial to have a judge decide on how to divide up property etc, and as a result the divorce can be finalized much faster than a contested divorce.
Strangely enough, most divorces are uncontested, in the region of 95%, but we hear mainly about those messy divorces where actions make the news. Even though a divorce is uncontested, it does not always mean that the divorce is amicable. All it means is that the issues were decided outside of the court system, but there can still be plenty of animosity and bitterness involved.
Now one of the biggest advantages of having an uncontested divorce is the cost involved. It is usually a lot less than a contested divorce since lawyers are not as involved in the divorce proceedings. If you can avoid paying legal fees, then that will enable you to use those funds to start your new life as a single person again.
For those couples who have a low conflict level, an uncontested divorce is generally the better way to go, as the disclosures you make are private, even though the filing of your divorce case will be on public record. The negotiations and proposals you make for the division of your marital assets are kept confidential too, which is by far a better way to go, if at all possible.
Do be aware though that to get an uncontested divorce, there have to be no issues left unresolved. All this means is that you may have to negotiate a little to come to a comfortable agreement, one that you are both satisfied with. Focus on the end result, that you will no longer be married, and you will be free to get on with your new life. It is the chance for a fresh start, so let go of your marriage, and move on.
Of course, there are situations where an uncontested divorce just isn’t possible. In cases of domestic violence, it usually means that one spouse is unable to verbalize or negotiate anything, and in this case, an uncontested divorce is unlikely to work, as the spouse at the receiving end of the violence is likely to be threatened too much.
Time can be a factor, and if you are trying to rush through an uncontested divorce, your marriage partner might not be able to accept the consequences. In time, he or she may adjust and be able to handle an uncontested divorce, but a lot depends on how much time you are prepared to give the process, and how quickly you want to put everything behind you and move on with your life.
For an uncontested divorce, do be aware that you will need different attorneys to represent you. The same lawyer cannot work for you both, as there is a definite conflict of interest here. Note that the cost of uncontested divorces varies greatly between lawyers, but for the most cases, uncontested divorces are cheaper to obtain. Provided both spouses are in agreement with the division of property, the papers that need to be drawn up and filed need not take long to prepare, but this does depend on the complexities of your financial situation.
When the papers have been prepared, they need to be carefully gone over by the other spouse who may or may not have a lawyer representing and advising him or her. It is recommended that the spouse use someone with divorce experience to explain everything in full, before they are committed to. However, this uncontested divorce can be a far quicker and cheaper way to end your marriage and move on with your life.
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