Getting An Uncontested Divorce
by Joyce Diaz
An "uncontested divorce" refers to a divorce that settles out of court. According to Forbes, 90% of divorces are uncontested divorces, as going to court often costs more money than its worth. However, that doesn't mean uncontested divorces don't include drama and extra expenses. Learn more about getting an uncontested divorce.
How do you initiate an uncontested divorce?
An uncontested divorce generally occurs when both parties have come to an agreement regarding finances and child custody. While some couples agree about the terms of the separation from the beginning, most couples don't come to an agreement so easily. To reach a compromise, many couples will use a mediator or some other form of a third party. Either way, in this situation, the couple walks into the divorce with a similar understanding of the agreement.
An uncontested divorce also occurs when one party files for divorce, but the other party doesn't take the time to respond or appear in court. The judge will try to remain impartial, but the plaintiff will have the upper hand. The judge can't hear the other party's case, and most judges don't appreciate it when defendants miss court dates.
Why do most people get an uncontested divorce?
The main reason exes opt for an uncontested divorce is the lower cost. The average uncontested divorce in America costs $4100, while the average divorce that goes to trial costs more than $20,000. A trial requires much more time from lawyers and the courts, leading to larger costs. The more items contested and the longer the case gets drawn out, the more expensive the case.
Uncontested divorces also occur more quickly, and they require less conflict with the ex. Some defendants agree to the plaintiff's terms simply to put an end to the painful divorce process as soon as possible.
Do you need a lawyer for an uncontested divorce?
You absolutely need a lawyer for your divorce, even if it's an "uncontested" divorce. The lawyer will be able to guide you through the legal paperwork and give you counsel on how to come to an agreement with your ex. The lawyer will be able to spot unfair items in the agreement and act as a voice of reason during a very emotional time.
Uncontested divorces usually require a lawyer for negotiations too. Just because the case doesn't make it to court doesn't mean that both sides don't fight about how to fairly part ways.
Contact a local uncontested divorce lawyer to learn more.
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About Me
Hello. My name is Stephanie Laurel. I have recently been through a divorce, and although I don’t wish it on anyone, I do wish that everyone could come out of the proceedings feeling they have been taken care of. My husband and I had been married twenty-eight years. We have four children, two of which are still under eighteen years of age. We owned the home we lived in and had a vacation home in a different state. We are civilized people, we get along fairly well considering, but no matter how much we thought we could go through the divorce process without lawyers, it wasn't possible. We each hired a divorce attorney to represent us. Most of the negotiations went well, but when we hit a rough spot the attorneys took over. Thank goodness. I’m going to share more about the experience and hope it helps you.