There are lots of situations where uncontested divorces are a good idea.
Could you find an uncontested path forward in an uncontested divorce, even if you and the other party disagree on a number of major issues?
One such key is that both of you really want to keep the divorce as uncontested as possible. A third is that there are no power imbalances, no power dynamics, no domestic violence being organized. If one party (or both parties) feels that there has been a history of manipulation, smooth-talking, coercion, gaslighting, etc., an uncontested divorce may not even really be an option.
At the very least, parties with these sorts of concerns should have a lawyer review their marital settlement agreement paperwork.
Some parties can feel good moving forward because there aren’t any unfair dynamics. They may disagree at first, but can communicate and resolve their differences with each other. Direct negotiation isn’t always appropriate, however, or can be awkward. Counselors and divorce meditators are excellent assets in these circumstances. Lawyers can be helpful, too.
Even in complicated circumstances, which includes multiple properties, child considerations, and other factors, you can still have an uncontested divorce. Both sides also need to be thorough in disclosing their assets and debts, and communicate openly.
If your feelings are more like, “I messed up. “It’s only fair that my spouse has most everything.” People who are guilt-ridden, emotional, ashamed or in a hurry are more prone to make decisions that aren’t in their own best interest or in the best interests of their kids. If nothing else, divorcees should have a lawyer look over the divorce paperwork, to make sure it is as fair as it can be.
Does a Court Hearing for an Uncontested Divorce Always Occur?
In New Mexico, a judge must sign the divorce paper. This happens in court, so in that way, a court hearing happens for uncontested divorces.
But the hearing is not supposed to be drawn-out, public airing of the issues unless the divorce suddenly becomes contested.
Uncontested divorce hearings are typically simple matters that judges move through relatively quickly. Petitioners can answer a few questions to make sure they comprehend the marital settlement agreements but there should be no surprises.
Does a Court Hearing for an Uncontested Divorce Always Occur?
A court hearing for an uncontested divorce does not rule one of the parties out from understanding problems exist or having a change of heart. But the divorce is final when the judge signs the paperwork, so the objector needs to make that objection before then.
Filing a responsive pleading in an uncontested divorce converts it to a contested divorce. It slows down finalizing, but it’s worth it if unfair dynamics have been taking place.
