Are you interested in minimizing the conflict in your divorce? Even though both parties are unlikely to agree on every aspect of their divorce, it is possible to find common ground and work together to ensure the success of their official split. Through an uncontested divorce, you and your spouse could not only minimize conflict, but you could also save time, money, and preserve your privacy. If you think the uncontested divorce process might benefit you, find out how it works and whether or not it could work for your circumstances.
About Uncontested Divorce
The main objective of an uncontested divorce is for both parties to work together to achieve their mutual goal, a fair separation. Both spouses are expected to behave in a civil manner to work through major divorce issues like child custody and property division without undercutting or demeaning the other person.
On a more practical level, the process is much simpler than litigation, in most cases. Each party usually hires a divorce lawyer for help with the legalities and arranges a meeting with both spouses, their respective lawyers, and potentially a mediator. A mediator is an unbiased third party who can help with negotiations by offering alternative options to work for the benefit of both parties. These meetings will continue until all aspects of the divorce have been agreed upon, then official documents can be processed by each party’s respective lawyers.
The Benefits
There are several ways in which an uncontested divorce can be more beneficial than divorce through litigation. Litigation often pits opposing parties against one another, which can make tense relationships even more difficult and strained, sometimes ruining relationships altogether. For some spouses, this might not seem like a problem, but it can make the process nastier, more stressful, and longer. Additionally, if you share children with your spouse, staying on good terms is in your best interests, if nothing else than for the sake of your kids.
The uncontested divorce process encourages spouses to work together to find a fair divorce agreement that works best for them. This means they are free to come up with creative solutions unique to their situations and desires, as opposed to the generic resolutions usually granted in court. Also, because the control is in the hands of the divorcing parties, they control how long the process takes. Remember, a speedier divorce often means a more cost-effective divorce.
Because the uncontested divorce process is often less contentious, it can be much easier on families who are worried about how their divorce could impact their children. Through an uncontested divorce, the process can also be kept private, much more so than most divorces that go through the court.
Is It Right For You?
Not everyone can choose the uncontested divorce process. If you and your spouse do not agree on most of the key elements of your case, including spousal support, child support, child custody, and property division, this option might not be the best for you. Contentious couples may need the intervention of a judge, especially if they are unable to negotiate independently.
If you are interested in an uncontested divorce but aren’t sure if it is the right choice for you, our experienced divorce attorneys can help. Contact Smith Law Offices, LLC to discuss your divorce with our St. Charles family law attorneys.