Divorce is one of the most stressful events in any person’s life. In terms of emotional trauma it ranks a close second to the death of a loved one. The stress resulting from a divorce can lead to mental health issues, and other health problems. That’s why it’s in the best interests of both parties to resolve their legal dispute, and complete their divorce, in the most expedient manner possible. This is exactly what an uncontested divorce can offer.
Definitions
A contested divorce is where neither party can agree on the divorce or the terms of the divorce. The courts will then have to work with the married couple to divide their assets and liabilities appropriately.
An uncontested divorce is where both parties agree fully on the terms of the divorce and do not require the courts to divide their assets or liabilities. It’s also known as a “simple” divorce.
Settlement Agreement
In the case of an uncontested divorce your attorneys will have prepared what’s called a “Settlement Agreement”. This document is a legally binding contract between you and your spouse, specifying that you’ve come to a mutual agreement in how your assets and liabilities are to be distributed. It will only become legally binding once it’s been reviewed by the court and then signed by both parties.
Your Divorce Hearing
It can be an unnerving experience to stand in front of a judge for any reason, but an uncontested divorce means you have no reason to be worried. You’ll simply be stating the facts of what both you and your spouse have agreed upon, with the function of the court to simply make it legally binding.
You can expect a family law judge to ask a number of questions, such as:
- Were you coerced into appearing before the court today, or are you under any threat of violence?
- Are you under the influence of any substances?
- How long have you lived in the city or state?
- What is your Social Security Number?
- How long have you and your spouse lived apart?
- Do you feel that marriage counseling might help resolve your issues?
- If you want your maiden name restored
- How many children are part of your marriage, either by birth or through adoption?
- Where your children currently reside
- Who is currently living in the marital home?
You may also need a copy of your driver’s license, but you will definitely need a copy of your marriage certificate.
Most divorces start out as being contested, but through mediation and discussion can become uncontested before the final documentation is prepared.
More couples than ever are conducting their own divorces in an attempt to eliminate or reduce any legal costs. This is a risky decision because without proper legal training there’s no guarantee that you won’t make a costly, and long-lasting, mistake. This approach can work with a completely uncontested divorce but is never a good idea in a contested legal proceeding.