When filing for divorce you can opt for having a contested divorce or a contested divorce. An uncontested divorce is whereby both parties agree on the major issues in the divorce like: child custody and support agreements, property distribution and spousal support. An important fact to state is that it is not every case that is straightforward and falls under the category of uncontested divorce cases. There are some divorce cases that may not fall under the category of uncontested divorce cases.
Eligibility of uncontested divorce
For a divorce case to be filed as a uncontested divorce both parties need to agree on issues like: child-custody, division of property and spousal support. Both contested and uncontested divorce cases need to be filed in court. Uncontested divorce cases have streamlined paperwork that has details regarding the grounds for divorce as well as how other issues like property distribution, child custody and spousal support will be done. A ruling is made in favour of the terms of the unconsented divorce cases is made when the other spouse consents to the agreement or fails to appear in court. The conditions of the case change when the other spouse disagrees and files in the required documents.
Benefits of the uncontested divorce
Uncontested divorce cases are less cost-intensive compared to contested divorce cases. Even though it is still a good idea to engage a divorce lawyer even when filing for an uncontested divorce case but the court cases and the attorney fees will be lower since the paperwork would already have been streamlined. Uncontested divorce cases do not drag on for many sessions thus the divorce is granted faster compared to contested divorce cases. A known fact is that in an uncontested divorce case there are fewer legal proceedings and legal tussles.
Conflict is unavoidable in any divorce but in an uncontested divorce there is less conflict due to the limited interaction moments between the two spouses. In an uncontested case scenario there are very few requests for information and a limited number of court proceedings thus episodes of conflict are reduced.
This means that information that was once in the private domain (like information on finances) becomes exposed to the public. In an uncontested divorce less information becomes available to the public thus spouses can agree on an uncontested divorce to decrease the amount of private information that is available to the public.
Merits of contested divorce
Sometimes couples are not able to agree on important things like: spousal support, child custody and property arrangements thus the case can only be filed as a contested divorce. Sometimes the costs associated with a contested divorce are a small price to pay when it comes to sorting out complex issues like property distribution, child custody and support or spousal support.
An important fact to state is that whether you file for a contested or an uncontested case you still require a good divorce lawyer.