There is not a kind of divorce that can be considered entirely uncontested. After all, if there was no contention whatsoever in your marriage, then why would you be filing for divorce, right. The contention is intrinsic to the divorce process. However, it’s possible that with a bit of time, you and your spouse may come to a cordial understanding of the major issues regarding the dissolution of marriage. You should definitely explore this possibility, as it will save you from a whole lot of troubles down the road.
What is an Uncontested Divorce?
If you and your spouse are on the same page about ending the marriage and both of you have successfully worked out all the major issues regarding your separation, then you are eligible to apply for an uncontested divorce.
The following are the main areas where you and your spouse will have to find common ground:
In cases with minor children involved, spouses must agree on the following:
● How you and your spouse will share child custody
● How parenting time will be split
● How parenting responsibilities will be shared
● The amount of child support to be provided
In cases with or without minor children,
● The monetary sum of alimony or spousal support and the duration
● How the property division will take place
● How the debt or liabilities will be distributed
After you and your spouse have arrived at a consensus on these issues, you can file the divorce paperwork in court, along with the “divorce settlement agreement.” This document will mention all the relevant information about the agreements you have reached with your spouse.
Is uncontested divorce a possibility for couples with minor children and marital property?
Even if you have minor children and significant marital property, you can still apply for an uncontested divorce. The only condition is that you and your spouse should be on the same page about all the issues mentioned above.
Are Uncontested Divorces different from No-Fault Divorces?
Quite often, people confuse these two terms, considering them as one in the same thing. But no-fault divorce is distinct from an uncontested divorce.
You and your spouse can have a no-fault contested divorce or a no-fault uncontested divorce in certain states. The term no-fault implies that neither you nor your spouse is filing for divorce by blaming the other for the separation. In a no-fault divorce, instead of stating the grounds of divorce as a particular set of reasons, the divorcing couple ends the marriage as a mutual decision due to irreconcilable differences.
In a no-fault divorce, there is no requirement to provide proof regarding fault or grounds of divorce. However, no-fault divorce does not mean that a couple cannot have disagreements about the terms of the divorce settlement agreement. This is where the distinction between no-fault divorce and uncontested divorce comes into the picture.
You and your spouse can be in agreement about ending the marriage, which will allow you to file for a no-fault divorce. But if you fail to agree about issues such as property division, child custody, parenting responsibilities, etc., then you will be stuck with a no-fault contested divorce.
How do Uncontested Divorces differ from Contested Divorces?
1. Lower cost of divorce
On average, the entire divorce process costs about $15,000 per individual in the U.S. Hence, there is an obvious impetus to strive for an uncontested divorce, which is a lot more affordable in comparison.
Usually, an uncontested divorce, on average, costs between $750 and $2000 per individual. Even if you hire a lawyer, the divorce cost won’t go beyond $5000 in most states. (costs vary from state to state). On top of that, if you choose to proceed without an attorney by taking the route of online divorce (which is only possible in the case of an uncontested divorce), you will be able to lower the cost of divorce. You will be able to cover all the major expenses of getting a divorce over the internet by paying somewhere between $120 to $500.
2. Faster divorce process
Another primary benefit of an uncontested divorce is that it allows couples to finalize their annulment in the shortest possible terms. The reason for this is that there will be fewer legal proceedings. Couples going through an uncontested divorce can move on with their lives within a few weeks or months. Most contested cases take years to settle.
3. Fewer disputes and discord
A certain degree of conflict is innate in a divorce. However, with most of your issues sorted out, there would be less discord and ill will between you and your spouse in an uncontested divorce.
A contested divorce that drags out in court can be quite draining, financially as well as emotionally. It can take a toll on both you and your family. And if you do have kids, then it can have a particularly damaging effect on them. Hence, you must try to do your best to reach a consensus with your spouse to lessen the pressure and stress of the divorce process.
4. Do it yourself(DIY divorce)
An uncontested divorce allows you the freedom to pursue the Do-It-Yourself (DIY divorce) approach. As the term suggests, you would be doing everything yourself, including obtaining your divorce papers, arranging to serve your spouse, and filling out all relevant documentation. Even though you will save a lot of money by doing everything yourself, you might find it difficult to navigate the process without any sort of guidance or assistance. Hence, online divorce is a better option if you want to proceed without an attorney.
5. You will be able to apply for divorce online
If your divorce is uncontested, you will be able to submit an application for divorce online. This is probably the biggest advantage of getting a divorce that is uncontested. By proceeding with your complete divorce online, you will not just be saving your precious time and hard-earned money but will be able to wrap everything up quickly and move on with your life. Learn more about the online divorce process below.
Does online divorce offer a better alternative?
There are numerous reasons to opt for an internet divorce if you and your spouse agree on the terms of separation. Some of the prominent reasons are discussed below:
Not many have the luxury of taking leave from work every time there is a court date that requires their presence. But with online divorce, you’ll have the convenience of being able to get all of your paperwork completed from the comfort of your home whenever it is most convenient to you.
● Quick documentation availability
By taking the services of one of the top divorce companies, you will get easy and quick access to all the relevant documents. In some cases, the paperwork will be provided to you within 24 hours. The documents would be based on a brief questionnaire which the online divorce service will ask you to fill out. Hence, you will get the paperwork that is specific to your situation.
● Guidance and assistance
After receiving the finished divorce papers, the online divorce companies also offer guidance and instructions regarding how you should proceed towards filing for divorce.
● Affordable, Quick, and hassle-free process
This aspect of online divorce can’t be overstated. Not only will your divorce be very affordable, but the whole process would be seamless and quick.
Uncontested divorce proceeds at a faster pace and will help you move forward with your life much sooner. Even though you stand to save a lot of money, time is something that, once lost, is lost forever. Save the time a conventional contentious divorce usually takes by going the route of uncontested divorce, and use it to heal yourself and find happiness.