Putting an end to a marriage is never an easy procedure. Yet, it can be simpler in some situations when the spouses are able to stay civil and agree among themselves how to divide the marital assets, deal with custody and support concerns, and take care about several other affairs. Also called an uncontested divorce, it can be difficult for divorcing couples to accomplish in a lot of instances, but the benefits can be vast under the right conditions.

uncontested divorce decree

The Pros


Uncontested divorce suggests divorcing spouses the ability to end their marriage peacefully and with formality. The best advantage of an uncontested divorce is its cost. An uncontested divorce that stays uncontested is almost all the time the least costly way to an accomplished divorced. The low rate is not, nevertheless, the only benefit of uncontested divorce. If the intensity of argument among the two spouses remains small, an uncontested divorce offers a way to stay that way. It is confidential, cooperative, and likely to remain more of your property in your pockets and not with the lawyers, accountants, process servers, and others necessary to complete a full divorce proceeding.

The Cons


Uncontested divorce is a terrible idea when one spouse is beating up on the former. If there is an account of domestic violence, emotional abuse, or other difference in power in the relationship, it nearly always leads to one spouse have an unfair advantage over the other. That disadvantaged spouse most likely needs an attorney to advocate for them in a complicated situation.

Uncontested divorce also becomes a challenge when the parties cannot talk to each other without fighting. If your spouse decline to include any discussion with you regarding divorce, or every discussion ends in a screaming match, but you are determined to continue with divorce, you will probably require continuing a contested divorce and most likely should employ an attorney. likewise, if one or both of you are vested in keeping sure items of property or taking a bigger share of the marital assets, then this might lead to an intractable disagreement that might not be simply resolved in an uncontested divorce proceeding.

Lastly, uncontested divorces are a bad idea if you and your spouse are uncomfortable with the law or don’t believe you can work throughout the paperwork your own. Uncontested divorces are reasonably easy, but still call for you to read and understand a number of different forms which will possibly consist of fairly in-depth financial disclosures by each side. If this idea is menacing, it may be prudent to contact an attorney to aid with the process.

How Uncontested Divorce Works

The initial thing you require to know about uncontested divorce is you can do it by yourself or with the support of a lawyer. If you employ a lawyer, the lawyer you get to do your uncontested divorce can’t stand for both of you. Since each spouse will have their own unique interests, the moral principles for lawyers will need that a lawyer represents only one of the parties, not both. The lawyer has to represent one of you and not the other. The lawyer will require knowing at the beginning which of you is his or her client and which of you is not.

In general, each jurisdiction will need you to set up similar documents to begin a divorce: a petition for divorce, papers proving both parties know that they are participating in the case, financial affidavits revealing all each spouse has, a settlement agreement, and a proposed judgment. A number of jurisdictions might also need you to go to couples therapy before granting the divorce. Frequently, the required paperwork is accessible online or you can get at the clerk of court’s office.

Once you completed the documents, and both spouses are content with the papers, you sign and file them. In several jurisdictions that is it; your case will be taken cared of based on the paperwork and you will get your divorce decision in the mail. In other jurisdictions, you are necessary to go to a hearing with your spouse to vow that all in the divorce paperwork is accurate and correct and that you are not pressured into signing it.

wedding rings and divorce decree

How Much Uncontested Divorce Costs


The charge for uncontested divorces varies widely by state. At a least you will have filing fees which differ by state to state and occasionally even courthouse to courthouse. In addition, you might have attorney fees if you need support with your paperwork. Still, in the end, you probably have fees of less than $2,000, even with an attorney, and most likely much less (only a few hundred dollars) if you handle the whole thing on your own.

Rhonda J. Alessi

Family law attorney in Phoenix, AZ. Married to my fantastic husband George. We are proud owners of our fennec fox, Fifi. Running marathons is my stress reliever. I'm a bookworm and initially wanted to use this domain to sell books online. I later changed my mind and decided to start this blog instead. Then an interesting thought came to me. Why not write about more than one type of law and provide the public with substantial material on the worth of attorneys?