No matter how straightforward your situation may seem, it is important to remember that divorce is rarely easy. There are many considerations to be made and legal obligations that must be fulfilled before the process can be completed. However, coming to an agreement with your spouse that a divorce is necessary often creates the basis for lower-stress divorce proceedings. An uncontested divorce should still involve professional legal counsel, however, to ensure all of the appropriate concerns are addressed.
Advantages of Uncontested Divorce
By agreeing to cooperate, the divorcing partners are often able to minimize the negative impact of a contentious divorce process. The spouses must still negotiate the terms of the agreements related to property division and child issues, among others, and will often begin to make such arrangements prior to even filing a petition for divorce. Of course, partners will often disagree on specific details, but based on their desire for simplified proceedings, they are more likely to resolve their differences without resorting to litigation.
Compared to a litigated or contested divorce, an uncontested divorce often requires significantly less investment of time, energy, and resources. With less being left to be handled by the court, necessary paperwork is generally minimized, while court costs and attorneys’ fees are often substantially reduced as well. In addition, an uncontested divorce can often be completed in a much shorter time-frame, sometimes within as little as 90 days.
Finally, an agreement that has been mutually discussed and negotiated is often better-received by both spouses than one ordered by the court after acrimonious litigation. As such, each party is more likely to remain in continued compliance with the terms of the divorce decree for years into the future.
Despite their best intentions, spouses involved in an uncontested divorce may not think to cover all of the necessary details. This may be a result of misunderstanding the law or underestimating the importance of a particular consideration. Such mistakes can lead to the court rejecting a negotiated agreement, forcing the couple to amend their proposed arrangement.
It is in this area that a qualified lawyer can best assist in an uncontested divorce. He or she can play an active role in the negotiation process, helping identify potential problems or legal concerns before presenting the agreement to the court for final approval. A lawyer can also offer advice based on experience in other divorce cases that may help a couple develop a more workable long-term divorce arrangement.
If you and your spouse are considering divorce but would like to avoid the bitterness and acrimony associated with litigation, the team at Bochte, Kuzniar & Navigato, P.C., can help. Contact an experienced St. Charles family law attorney today to schedule a free consultation. We will review your case and work with you to develop a divorce agreement that meets your family’s specific needs.