At present, the most common form of divorce that many couples decide to pursue is uncontested divorce. In the United States, nearly ninety-five percent of divorces are said to be “uncontested”. It is often referred to as the simple and uncomplicated divorce. What is the nature of an uncontested divorce? Is it the right choice for everybody?
Uncontested Divorce Defined
Important issues such as the division of assets, child support and child custody are some of the major things that couples need to settle when they decide to have a divorce. When couples are both cooperative and are able to resolve their disagreements about these essential matters, they do not need to be mediated by the court. As a result, divorce is granted in a more fast-paced manner without the couple undergoing too many financial and emotional burdens.
To further understand this type of divorce, let us examine its advantages and disadvantages and be aware of our options in the future.
Here are some information on how to begin divorce proceedings with a Bakersfield divorce lawyer.
Advantages of Uncontested Divorce
The more adversarial the nature of the divorce, the more costly it gets. Many couples opt for this type of marital dissolution because of its most obvious advantage – its cost. Uncontested divorce is the least expensive way of getting divorced. Currently, the average cost of a divorce is $20,000. Once the legal process sets in, attorney’s fees, legal fees and court expenses will indeed cost you a lot.
Relatively, it also involves a shorter time frame because it is resolved more quickly since you do not need to spend a lot of time arguing in court regarding the terms of the divorce.
Uncontested divorce also gives couples the opportunity to end their marriage in a more peaceful and dignified way because they have reached a mutual decision. Because anger and disputes are avoided, spouses can still maintain a good working relationship with each other and continue to nourish their good bonding with their children.
Disadvantages of Uncontested Divorce
One major disadvantage of an uncontested divorce is its very simplicity. If couples have joint bank accounts or conjugal properties which are under the couple’s name, or when couples have children with special needs, an uncontested divorce may not be sufficient to address the complicated needs of these situations.
Another disadvantage is that one party will be left without proper representation. This is because judicially, a lawyer cannot represent both parties in the divorce and must only choose one side.
Uncontested divorce can also cause the ignorant to lose and the greedy to gain. Since this type of divorce requires diplomacy and not assertiveness, those parties who are not knowledgeable about the law and their rights can be taken advantaged of. On the other hand, the greedy parties who want to ascertain that they get more share of wealth or property will be benefited. For this scenario, uncontested divorce is not advisable.
Visit this post to read about selecting the best divorce mediator for you.
Despite the many advantages of uncontested divorce, it may not be the right choice for everyone. Before you file for a divorce, the most fundamental thing is to be well educated on the options that are appropriate for you so that you can preserve your right as an individual.
