If you have decided to divorce your spouse, consider an uncontested divorce. An uncontested divorce can save you money and hasten the divorce process. Below is a brief overview of such a divorce.
Out-Of-Court Agreement
Some people confuse uncontested divorce with no-fault divorce, but the two are markedly different. A no-fault divorce means that you are not accusing each other of any wrongdoing. You can just cite irreconcilable differences and get on with the divorce. An uncontested divorce means that you can reach a divorce agreement on your own without involving the court. Your divorce will still end up in front of the judge if you are unable to reach an agreement.
Court Approval
An uncontested divorce doesn't dispel with the court completely. Just because you can reach an out-of-court agreement, it doesn't mean that you won't have any use for the court. The court will still need to look over your divorce agreement and stamp its approval (or reject it, in rare cases).
In many cases, the court's approval will just be a routine issue. However, the court can reject the agreement if it is grisly unfair to one party. For example, a divorce agreement that doesn't include any spousal support, even if it is clearly necessary, can easily get rejected.
Legal Help
You don't have to hire a lawyer for your divide, whether it is contested or not, states don't have laws that make lawyers mandatory. You may be able to divorce without a lawyer if you have been married for a short time, you don't have significant resources, and you don't have children. However, you can still have a lawyer look at your divorce agreement to ensure everything is above board before you sign it. However, you should strongly consider a divorce lawyer if your divorce is complicated even if it is uncontested.
Suitability
Lastly, an uncontested divorce is not everyone's cup of tea. For one, you need to be able to sit down with your spouse and have civil discussions with each other. After all, you need to negotiate an agreement. Secondly, you need a good understanding of the divorce process and laws in your state so that you can make legally-binding agreements.
As such, an uncontested divorce can be a tall order for spouses who cannot even talk with each other. It can also be difficult for you if your situation is complicated — for example, if you have young children, numerous debts, and multiple valuable assets.
For more information, reach out to a local divorce attorney.
