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An uncontested divorce is quickly becoming the most popular type of divorce available. Not only is this among the least expensive divorce options available but it is also an option which typically has a swift resolution. It also gives the couple a much stronger voice in the whole process. This article will discuss the advantages and disadvantages of uncontested divorce and will also touch upon situations in which uncontested divorce is not an option.
Advantages of an Uncontested Divorce
The relatively low cost of an uncontested divorce is one of the major advantages. With this type of divorce there are no court costs because the marriage is dissolved without the intervention of the court system. In most cases, there is also no need for lawyer intervention because the couple is able to complete all of the necessary paperwork on their own. However, some couples may employ a lawyer if mediation or collaboration is used to reach an agreement on the terms of the divorce. Although you may require a lawyer for these processes, they are not needed as extensively as they are for a divorce through the court system.
Another advantage of an uncontested divorce is a much shorter timeframe. Without the need for court dates and deliberation an uncontested divorce can typically be resolved in much less time than a divorce that goes through the court process. An uncontested divorce may take longer than necessary if the couple is having trouble agreeing to a few of the terms of the divorce. However, in general, these divorces are often resolved rather quickly. If the couple is in complete agreement, an uncontested divorce can be resolved in a matter of days.
Increased privacy is yet another advantage of an uncontested divorce. Divorces which go through the court system become a matter of public record eventually. As a result, anyone can search for details relevant to your divorce. However, when you opt for an uncontested divorce, these divorce documents can be kept private to ensure no one knows the details of the divorce unless you make them privy to this information.
Disadvantages of an Uncontested Divorce
Although an uncontested divorce may sound ideal, there are some disadvantages to this type of divorce. One of the main advantages is it can be difficult to resolve some issues without the court system. Issues such as a child with special parenting needs, joint property ownership or joint debt are just a few examples of issues you and your spouse may have a hard time agreeing on during the process.
Another disadvantage of the uncontested divorce process is you and your spouse cannot jointly hire one lawyer to assist you in reaching an agreement and completing the paperwork. This is because the lawyer is not allowed to represent both of you during the divorce process.
When an Uncontested Divorce is Not an Option
There are a number of situations when uncontested divorce will not be an option. Both parties are required to sign paperwork during an uncontested divorce so this process cannot occur if one spouse cannot be located. Some states may not allow for uncontested divorce in situations where there are minor children as a result of the divorce.
Uncontested divorce is allowable, although not recommended in marriages where there is a history of physical, emotional or verbal abuse. This type of divorce requires open communication between the partners. As a result an uncontested divorce is not recommended when one of the partners may feel intimidated by the other and may, as a result of this intimidation, not act in his or her own best interest.
It is also important to note uncontested divorce will not be an option whenever the state or county would not allow the divorce. This includes situations where there are no legal grounds for divorce, situations where the party filing for divorce has not been located in the county for a specific period of time and situations where the couple cannot demonstrate they have been living apart for a specified period of time.
Your Source for an Uncontested Divorce
If you are ready to start the process of an uncontested divorce, there are a number of options available to you. We recommend the DivorceGuide.com website. Here you can take a quick quiz to determine if you are eligible for an online divorce. Visit the following we address for more information: http://www.divorceguide.com/confirm-online-divorce-eligibility.html.
If you are planning to file for uncontested divorce, we recommend the excellent online divorce service of LegalZoom - click here.
Here are additional resources you might be interested in:
What is an Uncontested Divorce?
How to File for an Uncontested Divorce Online
Affordable Uncontested Divorce Services
Uncontested and No-Fault Divorce
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