They say it is easier the way down, but we cannot say the same about divorces. In other words, getting married is much more straightforward than dissolving a marriage. However, a divorce process can go smoothly and uncontested, provided the spouses are willing to stay civil with each other.
Furthermore, it is easier to dissolve a marriage when the parties can decide how to divide their marital assets. They also must decide how to deal with support and custody issues and handle every matter civilly. Couples willing to do these things may consider uncontested divorce, which can be difficult but much more beneficial if done right.
How Does Uncontested Divorce Work?
You normally don’t need the assistance of a lawyer to do an uncontested divorce unless you want to. However, if you hire a lawyer, they can only represent one of you because spouses have unique interests. Thus, the unique interests of spouses and the lawyer’s ethical principles will prevent the latter from representing both parties.
Every jurisdiction requires that couples prepare similar documents to start a divorce process. These include a divorce petition and documents showing both parties know of and are in support of the divorce, a proposed judgment, and a settlement agreement. You can get these documents at the court clerk’s office or online.
Furthermore, some jurisdictions may require couples to attend therapy before they grant a divorce. After presenting the required documents, both spouses will sign and file them – that is, if they are satisfied. Finally, some jurisdictions handle your case based on the paperwork you provide and send your divorce judgment via email.
Meanwhile, some other jurisdictions require you to attend a hearing where both spouses will swear that the information in the paperwork is correct. Each spouse will also swear that no one pressured them into signing the documents.
The Benefits of Uncontested Divorce
The most prominent benefit of an uncontested divorce is that it allows divorcing spouses to end their marriages with dignity and quiet. Furthermore, uncontested divorce is often the least expensive way to get divorced. Additionally, uncontested divorce is beneficial if the involved spouses have a low level of conflict; it keeps it low.
An uncontested divorce is more cooperative and private, and both parties likely get to keep their assets. In addition, the cost of hiring lawyers, process servers, accountants, or anyone hired for a full divorce can be saved.
The Downsides of Uncontested Divorce
There are instances where uncontested divorce is not the best option – for instance, when one spouse is physically abusive. If there is any disparity in power in the relationship, say emotional abuse or domestic violence, one spouse will have an unfair advantage over the other. Often, the disadvantaged spouse will need a lawyer to advocate for them. “The guidance of a family law attorney could reduce the time and money it takes to dissolve your marriage,” says attorney Matt Towson of Towson Law Firm.
An uncontested divorce isn’t advisable in cases where both parties can’t talk to each other without fighting. If every discussion ends in parties screaming at each other or refusing to discuss, a contested divorce is better. Also, an uncontested divorce isn’t advisable if one or both parties want to keep certain property items, which could result in an intractable disagreement.
Conclusion: How Much Does an Uncontested Divorce Cost?
How much you spend for an uncontested divorce depends on your state. But first, you will pay filing fees, which vary by state and the courthouse.
Furthermore, you will pay attorney fees if you hire an attorney to help with paperwork. Generally, it takes less than $2,000 to get an uncontested divorce.
