UNCONTESTED DIVORCE

Posted by Holley on January 3rd, 2021

Taylor Law & Mediation PLLC specializes in providing no contest divorces to clients throughout the state of Idaho as well as military family law services. They specialize on a small area of the law because they believe it’s better to do a few things well than do a bunch of things mediocre. While their primary focus in on uncontested divorces, they handle most military divorce and family law issues. You can visit the Taylor Law & Mediation PLLC website at https://taylorlm.com/ to schedule your appointment today.

An uncontested divorce takes place when: (a) you and your partner cannot agree over any issues regarding your divorce (including spousal or child support, separation of marital assets, division of the marital estate or alimony, etc.); or (b) you do not have an agreement covering these issues. An uncontested divorce is one in which both parties have an agreement in writing describing the terms of the divorce. In this type of divorce, a neutral third-party mediator helps the couple negotiate the terms of the divorce. When spouses are able to reach an agreement, they may choose to have a lawyer assist them in negotiating the terms of their divorce. This method, often called a "just and equitable" divorce, is less costly than many other types of divorce.

An uncontested divorce is not as simple as it sounds. The process starts with an "affidavits of claim". These forms are usually submitted to the courts along with documents related to the other spouse's assets. Once the claim has been filed, the parties will meet with an attorney who will prepare the paperwork needed to submit to the courts for approval. This meeting provides the opportunity for both sides to come to an agreement on the settlement. The attorney prepares the paperwork and submits them to the court for approval.

An "uncontested divorce" also involves fewer proceedings than what would be required if the parties were to agree upon all terms of the settlement. A longer litigation process generally results in higher costs to the divorcing parties. Frequently, couples who choose a lengthy litigation process end up spending more money in the long-run due to attorney fees. A "just and equitable" divorce often involves shorter court appearances for the parties, less paperwork, less time off from work, and fewer legal fees. Couples who reach a just and equitable agreement about their property distribution often have lower costs and greater peace of mind after the divorce.

One of the biggest benefits of an uncontested divorce is that couples can settle their disputes simply and without going to trial. When a couple chooses to go to trial, both parties have the opportunity to dispute key issues, ask for witnesses and records, and make their case in court. Going to trial also presents challenges to the couple who elect to resolve their problems informally. Sometimes the parties agree on child custody and other property issues early on in the mediation process but cannot agree when the time to have a judge hear the case comes.

In an uncontested divorce, if one spouse has substantial assets such as a home, a life insurance policy, artwork, jewelry, automobiles, boats, planes, furniture, collectibles, and more, that person can decide to sell those assets and pay the creditors on the fair market value. The creditors would then allow the seller to pay the debts and distribute the remaining assets to the spouse with the highest net worth. The parties would then enter into a financial agreement and sign a master Military divorce agreement or payment agreement. Once the paperwork is signed, the assets are transferred, and the debts are paid.