When both partners agree to go for divorce they can opt to choose between having an uncontested divorce or a contested divorce. In an uncontested case both parties have agreed on how to handle major issues like child custody, spousal support, and property distribution. An important fact to state is that it is not every case that is straightforward and falls under the category of uncontested divorce cases. Complicated divorce cases may not meet the criteria to be uncontested divorce cases.
Criteria for uncontested divorce cases
Uncontested divorce cases happen when couples have no disagreements regarding issues like: child-custody, spousal support and division of property. An uncontested divorce begins just like a contested divorce case where one party files for divorce. Uncontested divorce cases have straightforward paperwork which detail how property sharing and child custody shall be done and also indicate the grounds for divorce. A ruling is made in favour of the terms of the unconsented divorce cases is made when the other spouse consents to the agreement or fails to appear in court. However, if the other party does not consent and makes the needed court filings then the divorce becomes contested.
Merits of uncontested divorce
Uncontested divorce cases are less cost-intensive compared to contested divorce cases. Having a divorce lawyer is a good idea but the fees associated with the court and the attorney are significantly lower because all the relevant papers have been filed. An uncontested divorce case allows couples to have their divorce granted faster compared to a contested divorce case. A known fact is that in an uncontested divorce case there are fewer legal proceedings and legal tussles.
Any kind of divorce comes with some conflict but this conflict is reduced when the parting spouses offer as fewer opportunities as cannot be avoided. In an uncontested case there are fewer demands for information and lesser proceedings since most of the issues have been ironed out beforehand thus the likelihood of conflict is reduced.
During divorce all information becomes public information unless it is filed as a sealed case (which is quite hard).) (This means that information like private as well as financial information become part of public records. The good thing is that in an uncontested divorce there is limited private information available thus there is less damage that happens when the information becomes public knowledge.
Advantages of a contested divorce
Couples that have complex issues like children, complex property arrangements or spousal support should opt for a contested divorce so as to solve these issues. Sometimes the costs associated with a contested divorce are a small price to pay when it comes to sorting out complex issues like property distribution, child custody and support or spousal support.
An important fact to state is that whether you file for a contested or an uncontested case you still require a good divorce lawyer.