Uncontested Divorce- 5 Legal Tips to Follow

Posted by Alan Finkel on June 27th, 2024

An uncontested divorce is when both parties involved do not have any disagreement and agree on the terms to be taken for the dissolution of the marriage. Here are the legal tips that should be followed the process of an uncontested divorce. When it comes to divorce, there are two basic kinds: contested and uncontested.

In the former, the two individuals in a marriage approach the court and prove why they should no longer be together and they battle it out in order to get the property they feel belongs to them. The uncontested divorce, as the term suggests, means there is no contention between the couple yet a court trial is still required. Instead, in an uncontested one, individuals just go to the court and request it to ratify the terms of the divorce which both the couples have agreed upon independently. In most of the cases, while the courts will ensure that the uncontested divorces filed meet the least requirement of the state laws and that the parties understand and assent to what has been proposed by the courts will be all that the courts can do routinely. In light of these general guidelines, it might be of assistance for parties considering the uncontested method of divorce to follow these five legal ideas.

1)Do Not Trust Your Soon-To-Be-Former-Spouse

If you think of your marriage as a business partnership (which it often is) then your soon-to-be-former-spouse is a dangerous business partner Legal Considerations You should not trust your soon-to-be-former-spouse. The law generally does not favor your soon-to-be-former-spouse irrespective of whether he or she was the one who filed or not. Alas, the mere fact that both parties agreed to a divorce implies that the marriage has crumbled and trusting the soon to be ‘ex-spouse’ is not highly advisable. However, it is always advisable to seek all the necessary documents and make some investigation and research to confirm all the assets and debts which are included. The last thing you want is to agree with what you do not know regarding debts or worst fail to access your share of communities’ as-set.

2)Retain Your Own Lawyer

But, where such challenges are unprecedented and are in fact nonexistent, the hiring of a personal lawyer is highly encouraged. Your own lawyer will also be able to give you information on certain issues that you may never have thought of and may therefore be of great assistance in looking over or even drafting the divorce agreement. Well, it is important to also note that, during the divorce, people also split assets and this also includes debts. Therefore, if there are no property to employ the legal assistance, you might require assistance in sharing responsibilities.

3)The Personal Property Trade

Community personal property assets are those expensive items that spouses lived with during the course of the marriage business including cars, furniture, electronics, and collectibles are usually part of the negotiation process. However, as it is the rule, the price for such items can sometimes be inflated. Items that are difficult to value, another way is to seek the services of an independent appraiser to determine the fair value of each to enable the division.

4)Early Mediation

So, if there are matters that were disputed during preparation of the divorce settlement and division of assets and debts, instead of waiting for the whole process to turn into a contested divorce, the partners can address a mediator for help in solving the matters. Thus, the potential of engaging the services of a mediator will definitely raise the bill, but, compared to a contesting divorce, mediation will not be such a great deal.

5)Measure Twice, Divorce Once

Given the things that happen in uncontested divorce, you need to be very certain that you are participating in an uncontested divorce. Although many people have realized that they can greatly cut the costs of divorce if they do not have the cases of controversy they might find themselves in a shocking position during the hearing aimed at approving the divorce when the contested issues are revealed – the costs savings are quickly eliminated as the uncontested divorce is rejected.