Truths About An Uncontested Divorce
A divorce is an emotionally painful and mentally exhausting process no doubt, yet, sometimes, the proceedings does go amicably. While for most people involved in getting a divorce, the process can be long drawn out and ugly, for some it isn't. As unbelievable as it sounds, divorces can be conducted without the inherent bitterness that is characteristic to this process. Such proceedings are not alien or isolated cases. This unbelievably smooth divorce method is called the uncontested divorce.
An uncontested divorce occurs when the couple involved mutually decides upon ending the marriage with a mutual understanding on matters of general contention such as child custody, property division, financial concerns and other issues. These proceedings are simple and of much shorter duration than contested ones but sometimes may result in individuals giving up rights which they were not even aware they had such as alimony, pension benefits division, income from real estate, and other sources.
Consulting a divorce attorney would be a good idea even in an uncontested divorce or even if you are on the best of terms with your spouse.
Advantages to an uncontested divorce:
- Less expensive: This is by far the least expensive method of getting a divorce and the money saved will probably allow you to pay for after divorce provisions.
- Civil interactions: An uncontested divorce proceeding maintains civil relationship between the spouses, which is particularly important when children are involved. Also, the privacy afforded by this type of divorce is also advantageous.
- Retain privacy: The divorce will be subject to public records but the negotiations and actions taken will be usually done in private by the involved parties and also limited by what those involved wish to disclose in the official documents.
- Faster divorce: Time can also be saved through this process as the agreements are mutual and there will be no long hours of arguing over issues.
Disadvantages as well to uncontested divorce:
- Domestic violence: If there is a history of domestic violence, then getting an uncontested divorce is certainly not a good idea. The victim would not be able to defend or protect oneself appropriately which would also create problems in the negotiations. An advocate is required in this case but is somewhat difficult to do in case of an uncontested divorce.
- Inability to communicate: When the involved parties are unable to communicate with each other or discuss about the divorce, then this particular divorce type is best not availed of. This is especially true when one party wants a divorce and the other doesn't. Trying for an uncontested divorce then would be a waste of money and it is far more advisable to wait for your spouse to come around and if they still don't comply, then you may have to go for the tougher processes.
- Ignorance and greed: This proceeding usually does not work for people who are ignorant about the law or greedy. Separate attorneys are required in case of both spouses sharing these particular qualities.
Some issues such as property or money that are jointly held by you and your spouse, or in case of children with special parenting needs, resolution in an uncontested divorce maybe difficult.
- Individual divorce attorneys: The divorce attorney chosen cannot represent both parties and therefore, will only choose either one of the spouses. In an uncontested divorce, this means, that the other party would be without a lawyer at all which may result in an imbalance of power between spouses.
An uncontested divorce works best when the parties involved share an amicable enough relationship to be able to negotiate the terms of the proceedings properly. If civil discussions cannot be held between the two then going for an uncontested divorce is simply a waste of time. However, if hostility does reduce over time, the uncontested divorce may yet become a viable option.
With divorce rates spiraling, it is always best to conduct the divorce proceedings in an atmosphere of tolerance and understanding.