Uncontested Divorce – What You Need to Know
An uncontested divorce can be filed if both parties can agree on all divorce terms, including child custody, child parenting time, property division, and alimony. A dedicated divorce attorney can assist with the process.
The Defendant must be served the “Summons With Notice” or “Summons and Complaint.” An attorney can recommend alternate service forms, such as publication if the service is complex.
It is less stressful
An uncontested divorce Tampa is less stressful than a contested divorce because it can involve fewer proceedings and legal wrangling. This can reduce the conflict between the spouses, allowing them to end their marriage peacefully and positively.
To begin the process, both parties must agree on fundamental issues like who gets the house and how money matters will be handled. Then, they must file a written agreement and submit it to the court. Depending on state laws, this may require one brief court appearance.
In addition, if both parties hire an attorney, they can avoid the lengthy and expensive trial required in a contested divorce. This can save both spouses a substantial amount of money. Couples can also engage in private negotiations through collaborative divorce or mediation, often less adversarial than a trial. This can make an uncontested divorce less stressful for the spouses and children.
It is less expensive
The contested divorce process can be a drawn-out battle that wastes countless hours of attorney billable time. This is because of the nature of contested divorces that involve multiple court hearings, extensive detailed discovery requests and responses, depositions, motions, and trial preparation.
Couples can take more control of the divorce proceedings when they opt for an uncontested divorce, reducing their legal costs. Couples will decide how to split up their property, child custody and support arrangements, allocation of debt, healthcare coverage, and more.
Typically, couples will agree on all these issues, as they know what is best for themselves and their family’s future. It is also less embarrassing, as it prevents airing dirty laundry in a public courtroom. This is especially important for those concerned about maintaining a sense of privacy. However, a divorce is still a public record. There is a limit on how much a couple can save regarding fees, as they still have to pay filing fees and other costs.
It is more amicable
In an uncontested divorce, spouses can work together to create an agreement that works for both. The process is less contentious because fewer issues need to be settled. This can be particularly helpful if both spouses agree to the divorce terms, including property division, custody, and support.
A couple may also pursue a no-fault divorce, which is simpler and faster than a contested divorce. No-fault divorces allow spouses to end their marriages without arguing about blame.
Getting an uncontested divorce can be even more amicable if both spouses enter the process openly and disclose all financial assets. They should also gather information about all debts to ensure nothing is hidden. If necessary, spouses can seek the help of professionals like divorce mediators or marriage dissolution counselors to avoid rehashing the past and turning conversations into blame sessions. This can make the entire process easier and more enjoyable.
It is more efficient
The uncontested divorce process is more efficient than contested divorce proceedings. When couples can work out their agreements outside of court, it saves them time and money.
The couple decides on critical issues such as child custody, spousal support, division of property and debt, healthcare coverage, and more. These issues are resolved through conversation and sometimes mediation during the uncontested divorce process.
Once the couple agrees on these issues, they submit their signed settlement to the court and typically attend a hearing where the judge approves the settlement. This is a much quicker process than a contested divorce and can result in a final judgment of divorce within three or four months.
Uncontested divorces also usually lead to less conflict between the spouses during and after the case. This is in the best interests of any children involved because they should have parents who can communicate and work together rather than continue to battle each other.