Things You Need to Know Before Filing for Uncontested Divorce

Getting divorced can be emotionally and financially draining, no matter what the circumstances are. Besides your emotional and financial challenges, you’ll also need to deal with your divorce lawyer regarding the legal aspect of the situation. If you and your spouse have made a mutual agreement to resolve this dispute once and for all, that is a positive sign. If this is the case, you and your spouse can agree to an uncontested divorce.

What Is an Uncontested Divorce?

Also known as the simplest type of divorce, an uncontested divorce entails you and your spouse to reach an agreement on the following issues, including:

  • child custody, parenting time, and other responsibilities
  • the amount and duration of child and spousal support, and
  • the division of all property and debt.

Once both parties have made an agreement, they have to file the court forms as well as the divorce settlement agreement. After that, your settlement and the divorce must be approved by the judge. The divorce will be completed once the appropriate period (determined by state law) has passed.

Always remember that not all uncontested divorce is the same and runs smoothly. It can be a quick process for some couples who have no children or shared assets during the marriage. Furthermore, some states have relatively strict procedures for this kind of settlement.

You might not know it, but filing for an uncontested divorce provides a wide range of advantages to both parties involved. These include:

  • spending less money on filing fees and divorce lawyers
  • staying out of court, and
  • keeping conflict to a minimum.

What to Do If You and Your Spouse Have Minor Children or Substantial Assets?

The issue of substantial assets or minor children’s custody must be settled through the divorce settlement agreement. If they can agree on these issues with no problem, then the divorce will proceed. However, if there are one or more areas where they disagree, they will need to negotiate through mediation. They can also consult a divorce lawyer for this, but there will be additional costs later on.

Do You Need an Attorney for an Uncontested Divorce?

Hiring a divorce lawyer for uncontested divorce depends on the situation. For example, if you’re having a hard time dealing with the property division and child custody or if you have a traumatic experience with your spouse, you can ask your lawyer to overlook the papers or represent you in court.

Nevertheless, if you and your spouse have little to no disagreements during divorce, you don’t need to hire an attorney. If you have minor issues that can be quickly resolved, you can have a mediator assist you.

The Bottomline

Understanding what uncontested divorce is and how it works is extremely beneficial to make the process easier. Aside from that, you’ll get to settle things peacefully with your spouse in this manner. Nonetheless, you should consult with a lawyer during the divorce process. By doing so, you are more likely to avoid problems down the road.

If you’re looking for the best divorce lawyer in Wheeling, contact us at Toriseva Law. Our legal team would love to help you with issues concerning your divorce. Contact us today!