When it comes to getting a divorce, there are a lot of terminologies that a layman that has not gone through the divorce process before might not be familiar with. We can have a contested divorce, an uncontested divorce, and a no-fault divorce as well. These three terminologies obviously have different meanings and the circumstances at hand with your spouse may help you to determine which of the processes to follow. It is, however, important to note that the uncontested divorce is a quick, easy and cheap way to divorce a spouse.
According to LegalZoom, what marks out the uncontested divorce from the contested divorce and other divorce formsis the relative speed and ease with which issues are being resolved among the couples even if they make an appearance in court. Contested divorce on the other hand usually takes a lot of time and money as well, because the dividing couples are not able to reach an agreement. Some of the things that both parties have to agree on include:
- Child support and child custody
- Spousal support
- Parenting time and visitation
- Division of debts
- Division of property
As a matter of fact, if both parties can agree to these issues, there might never be a need to go to court at all, everything can be sorted amicably even without an attorney. Depending on what state or country you live. Some might require that the dividing couples still go to court as long as they are filing for divorce while in other places, as long as the divorce is uncontested, they do not need to make an appearance in court before any judge. Unlike in the case of a contested divorce, where the final decision is taken out of the hands of the separating couples and the final decision is made by the judge in the courtroom. The major reasons why couples most times are unable to reach an agreement is due to the properties that they own, especially if they are jointly-owned, and also the upkeep and welfare of the child, who keeps the child and who does not. Issues like these are what drags people to court for their case to be heard, but in reality, they are dragging themselves into a money pit, a time-consuming pit and an energy-draining pit, if they are unable to come to a peaceful resolution and have to resolve the issues in court. Eventually, they will have to live with whatever the judge decides, whether it is in their favor or not would no longer matter.
Aside from the ease of divorce that the uncontested divorce brings, the major advantage of this type of settlement is the little amount of money that is required to dissolve the union and the little stress involved as well. It is safe to say that the most inexpensive way to get a divorce is to settle for an uncontested divorce. It is not just cheap, it is also very easy. Can you even imagine getting a divorce without being to a court or even getting a divorce from the corner of your bed? It is not just an imagination, it is a possibility. According to DivorceFiller, while filing for an uncontested divorce, you can file for online divorce papers and this would not even cost you so much money. As long as you do not have any pending issues that you are unable to resolve with your spouse, then you are eligible for an uncontested divorce.
I know it has been mentioned earlier in this article, while explaining the relative ease of the uncontested divorce that you can file for an uncontested divorce without an attorney. This is very much possible and we are not going back on that fact. But we should not also shy away from the fact that it is not really a good idea to file for divorce and go ahead with the processes without a lawyer. This is necessary for your own benefits. It is important for you that you hire an uncontested divorce lawyer to help you with the paper works. These legal practitioners, by the virtue of their profession, understand the intricacies of the divorce process and are very familiar with what should and what should not be present in your divorce papers. It will, therefore, be the responsibility of the lawyer to ensure that everything is in order and in accordance with the provisions of the law.
If you are the party that is no longer interested in the relationship and you want to serve the other party a divorce, you do not have to wonder where to get the divorce forms from. Many states have divorce forms present in different courthouses in different counties. So, you could easily walk out to the courthouse closest to you, get the divorce form, fill a copy, pay the filing fee, and serve your spouse with the divorce document. It is not really that difficult. And it definitely is not as stressful as having to regularly attend court sessions, bring witnesses to the deck, and testify against your spouse, that you have to do when filing for a contested divorce. The important reason why you need a lawyer is to ensure that you fill this form properly. They will put you through the necessary things to do and that you serve the divorce paper correctly. If for any reasons you do not fill the documents correctly or you do not serve your spouse the divorce papers correctly, it implies that you will have to start the process of serving them all over again, from the scratch, and this would also require you to pay another filing fee for you to start filing another case. If you file your case with your forms wrongly filled, it is possible that you will be able to change that and make the corrections later, while it is also possible that you’re not allowed to make such necessary corrections later and this might be detrimental to you in some ways. To avoid situations like this is why you need an attorney to help you go through filling the forms and ensure that everything is in check and you do not make any unavoidable mistake.
From the information that has been given thus far, you would have noticed the different characteristics of the uncontested divorce and how it compares with the contested divorce. The only fee that you are required to pay in an uncontested divorce is the filing fee and the little fees that you could be charged by your hired attorney for ensuring that you fill the forms correctly. You definitely wouldn’t be billed so much seeing that you do not really have to appear in court and all the stress that comes with. So, you will have to pay a totally affordable fee to get your divorce. If you are the party being served too, you only have to respond to the divorce you are being filed against. Go through it (probably with the help of a lawyer as well), see if the terms stated are not too one-sided. It is important for you as the recipient to properly go through the documents you are served, ensure that the resolutions on the different issues that needs thrashing out do not favor your spouse more than it does favor you, except you can live with that. The important thing is for both of you to be able to find a way to reach a compromise that favors both parties. Once this has been done and the papers are signed by both parties, it is confirmed by a judge and that is all. Most times, what the judges do is to ensure that the conditions favor both parties and they both agree to it before they seal. Without a doubt, the processes involved in an unconsented divorce are very fast.