The benefits of an uncontested divorce are a faster resolution, less expensive fees, less stress, more privacy and having greater control over the final outcome.
If spouses can come to an agreement on important matters (who gets the house, who will have custody of the children, whether child support is appropriate), they may be able to avoid a costly and time-consuming divorce.
Although this approach to divorce is not right for everyone, it’s generally the most efficient and least stressful way to terminate a marriage legally when two parties are in agreement. Why?
Uncontested Divorce Is a Quicker and More Streamlined Process
Agreed divorces usually are processed more quickly than contested cases. Because the two sides agree on everything of consequence, there’s no reason to hold multiple court hearings, collect depositions and endure delays around disputes.
Those dealing with an uncontested divorce can often complete the process in a few weeks or months versus over a year for a contested divorce.
“It is especially rewarding to be able to offer a faster timeline when children are part of the divorce, so that families can move on without the need for lengthy and costly litigation which only serves to add more conflict and trauma,” Stetson stated.
An Uncontested Divorce Is Less Expensive to Resolve
One of the most attractive benefits of an uncontested divorce as opposed to a contested divorce is the expense. Because the spouses aren’t battling over the terms of the divorce, they can avoid the expense of extended litigation, expert witnesses and frequent court hearings. In some cases, they may require only minimal legal review, which would also reduce their cost.
It is a cost-effective way for couples to equitably divide assets and maintain financial stability, through this process of divorce.
Uncontested Divorces Are Easier on the Emotions and Less Contentious
Uncontested divorces can reduce the mental strain on both spouses and their kids. As the couple collaborates to arrive at a reasonable settlement, there’s less rancor and fewer fights — no public wrenching of dated grievances in court.
This can make the move out of marriage less painful and pave the way for a more civil post-divorce relationship — especially crucial when there are children in the picture.
Uncontested divorce is in many cases more satisfying and less regrettable to most divorcing spouses.
Spouses Have More Control over the Outcome When Divorces Are Uncontested
In an uncontested divorce, the couple — not a judge — determines the terms of their break-up. This content covers how property will be distributed and who pays or receives maintenance, rights to parenting time/visitation, and child support responsibilities. Modifying the divorce settlement enable families to provide more realistic functioning plans in light of their own particular needs and situations.
This flexibility results in more durable agreements that are less subject to renegotiation down the road.
Increased Privacy vs Contested Divorces
Courtroom divorces are matter of public record: The details of your dispute, from financial disclosures and custody battles — could be made available to the public. By contrast, uncontested divorces are far less public and involve less court intervention. These couples can protect their privacy without having to reveal all.
For professionals, business owners or public figures, this extra level of privacy can be a major motivation for opting not contest.
When an Uncontested Divorce Is Not the Best Option
An uncontested divorce isn’t something that will appeal to every divorcing couple.
Any of the following scenarios may call for a contested divorce to protect your rights and secure an equitable resolution:
- There is a history of domestic violence, one spouse is hiding assets from the other or you have significant disagreements about children or marital property.
- In addition, couples with complicated financial assets — such as shared businesses or real estate investments — might require legal help to divide up property and obligations if they agree in principle but not for its implementation.
Should You Choose an Uncontested Divorce?
Some couples find they are able to work together and reach an agreement, and in uncontested divorce cases the cost of marriage dissolution is minimal. You retain more control, preserve your privacy and can get on with your life faster.
But it’s wise to consult an experienced divorce lawyer.
The Law Office of Anthony Griego LLC can review your case and provide assistance in making the right decisions for you.
Call us today at 505-508-3110.
