Uncontested Divorce: Is it right for you?

Whether you have been married 3 months or 30 years, divorce is a scary process. An uncontested divorce may be the fastest, cheapest, easiest way to get divorce. Although it is natural to want to get a divorce as fast, as cheap, and as easy as possible, uncontested divorces are not always the best way to get divorced. Uncontested divorces have several catches:

  1. You and the other party must agree on all terms of the divorce. It’s logical to understand that the more issues you have in your divorce, the more difficult it will be to agree on everything. For example, if your divorce needs a determination for custody, visitation, child support, debt, businesses, retirement accounts, alimony, real property and personal property, an uncontested divorce may not be for you as it will most likely be difficult for both parties to agree on all these issues. 
  2. You need to have a lot of faith in the other party. When parties decide to divorce, trust is usually an issue. Certain issues, however, will not be extensively investigated by your attorney. For example, if a retirement account needs to be split, your attorney may not hire an expert to determine the present value of the retirement account. Instead, the party receiving the portion of the retirement will have to trust the other party that the value being divided has been fully disclosed. 
  3. Looking for the cheapest option will cost you more in the long run. I am constantly meeting with persons who went to an attorney for an uncontested divorce and came out with a bad deal. It is sometimes true that “you get what you pay for.” Hire an attorney who knows what they are doing when drafting your uncontested divorce. You will save yourself thousands of dollars in trying to have your spotty divorce fixed later. 

Conclusion 

Because all divorces can be complex, it is best to seek the advice of an attorney to help you through the process. An experienced family law attorney will help you through the process and will assist in ensuring that you have the best chance at a positive outcome.

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