What is an uncontested divorce?
The disadvantage is that it requires each party to compromise. In order to obtain a settlement, each party must be flexible and make realistic demands from the other party.
Going through a divorce is one of the most difficult, expensive and stressful things you will ever do. For this reason, many couples try to settle their differences outside of the courtroom. They instinctively know that divorce settlements are more amicable and provide a relatively fast and fair resolution compared to litigation.
Divorce is hurtful and messy in the best of circumstances. You and your spouse are mature enough to realize that the less you fight, the easier it will be for the both of you.
You still care about your spouse- the two of you just cannot be together any longer. You have sat down together and discussed your future. You have actually come up with a plan. You both want to be fair. You just need someone to put the agreement down on paper.
For whom is an uncontested divorce suitable?
If you have a large estate, complicated legal issues, have an unreasonable spouse, or are a victim of domestic violence, an uncontested divorce is not for you. In order to qualify for an uncontested divorce, the parties must agree on all the terms of the divorce.
This includes agreeing on entirely on each of the following issues: child support, spousal support, child custody, child visitation, attorney fees, division of property and division of debts.
The parties’ agreement need not be in writing. It is the job of the attorney to write up and finalize the paperwork.
The attorney will also help you determine what information and documents are necessary to be included in the court paperwork. The attorney will then prepare and file the court documents, help you arrange for service of the documents, and coordinate the signing of the final documents.
Since the papers are all prepared in the attorney’s office and then filed with the court, there is no reason for either party to ever set foot in a courtroom.
If you and your spouse are able to reach a fair divorce settlement, you will save thousands of dollars in legal fees. By negotiating a settlement with the help of a skilled attorney, you will have the flexibility to make decisions that work best for you and your family, including who will live in the home after the divorce and what will happen to your children.
What Is a Divorce Settlement?
The entire divorce process can be handled in a lawyer’s office. This is sometimes referred to as an uncontested divorce or a negotiated divorce.
Our skilled attorneys can guide you towards a divorce settlement that is fair and in your best interest. Not only do divorce settlements produce better results, they will reduce your stress level and allow you to remain in control of your own life.
Before you negotiate...
Get Accurate Financial Records
Decide if Negotiation is the Right Strategy
Make Sure Both Sides are Objective
Make Sure Both Sides are Flexible
Things to Consider When Negotiating
What Happens if a Divorce Settlement Cannot be Reached?
When analyzing whether you can reach a divorce settlement, try to take the emotion out of your divorce and treat your situation objectively.
While divorce litigation is frequently necessary, do not underestimate how stressful and costly it can be. Litigating your divorce takes away all power to make decisions from you and places your life in the hands of a stranger.
If you cannot agree, a judge will listens to evidence and arguments and make orders which will profoundly affect you and your family’s future.
Divorce attorneys are extremely expensive. Litigation can be financially ruinous. It is important that you fully explore settlement options before deciding to litigate, because litigation is risky.
If you are unable reach a divorce settlement with your spouse, make sure you hire our firm to help you protect your assets and ensure the best possible outcome of your case. Call us now to get started.