The benefits of working against an uncontested divorce

When both husband and wife can agree on all divorce terms, the procedure is called "uncontested divorce." In an uncontested divorce, it is generally the case that a lawyer represents only one party. After meeting with this party and preparing the court documents, the lawyer or spouse will present these documents to the other spouse. Once the other spouse fully agrees on all of the documents, the attorney files the divorce petition for the court. Generally, if a husband and wife agree on all divorce terms, a court will approve the agreement as it is. The entire process can be completed in some jurisdictions in just thirty days.

There are significant advantages to a divorce without opposition over a divorce in dispute. The biggest benefit, of course, is the cost. If the parties agree in advance on the terms of the divorce, there is little need for a divorce lawyer to get involved. The less discussed are maintenance, separation of assets, custody and child support, the less time a lawyer needs to spend on your case and the cheaper your divorce will be.

Second, generally, a couple who can go through a divorce in an undeniable way will maintain more courtesy and kindness than a couple where there are important issues that can be disputed. In other words, if both parties accept the terms of the maintenance allowance in advance and their respective attorneys do not have to fight back and forth between the conditions, the spouses will generally be able to move on in a more friendly manner. In divorce, especially when lawyers get involved, things can get ugly. To the extent that this is not necessary, the parties may remain on good terms. Especially when there are children involved, this is often very important.

Third, in an unopposed divorce that does not require litigation, the parties will maintain some degree of privacy. Of course, the divorce decree will be a matter of public record, but if there is no litigation, personal information will not appear in court records. When things get ugly during a lawsuit, the accusations fly from side to side, and things that each party prefers to remain private become a matter of public record.

Of course, there will be times when an Denver uncontested divorce is simply not possible, or even when an uncontested divorce is not desirable. Even with all of the above mentioned benefits of a non-resistance divorce versus a divorce dispute, most attorneys will not recommend a divorce without a dispute if there has been a history of domestic abuse or domestic violence. In fact, if there is some sort of history of balance of power in the marriage, the results of the commitment in an uncontested divorce may be disproportionate and not in the interests of one of the spouses. In this case, having a defender on your side will generally produce a significantly fairer result.

If you think an uncontested divorce may be the right one for you, the first step would be to talk to your spouse about the issues involved. You need to analyze the breakdown of all your marital property, the breakdown of your debt and maintenance payments. If you have children, you will need to address custody, visitation and child support. After discussing all these issues, if you can accept all of the terms, it will probably be better to save time and money in a disputed divorce process.