The Benefits of Working Towards an Uncontested Divorce
The Benefits of Working Towards an Uncontested Divorce
In an uncontested divorce, it is generally the case that an attorney will represent only one part. After meeting with that party and preparing the court documents, the attorney or spouse will present those documents to the other spouse. Once the other spouse is in full agreement with respect to all documents, the attorney will file the divorce petition with the court. Generally speaking, if a husband and wife agree on all terms to the divorce, a court will approve the agreement as-is. The entire process can be completed in some jurisdictions in as little as thirty days.
There are significant advantages to an uncontested divorce over a contested divorce. The primary advantage, of course, is cost. If the parties agree on the terms of the divorce beforehand, there will be little need for a divorce lawyer to get involved. The less wrangling back and forth over alimony payments, the separation of assets, child custody and child support, the less amount of time an attorney has to spend on your case, and the cheaper your divorce will be.
Second, generally speaking a couple who is able to go through a divorce in an uncontested manner will maintain more civility and amiability than a couple where there are significant issues that will be contested. In other words, if both parties agree to the terms of alimony payments beforehand and their respective attorneys do not have to fight back and forth of the terms, the spouses will generally be able to move forward in a friendlier fashion. In divorce, especially when attorneys get involved, things can get ugly. To the extent that this does not need to take place, the parties may remain on good terms. Especially when there are children involved, this is often very important.
Third, in an uncontested divorce that does not require a trial, the parties will maintain a degree of privacy. Of course, the divorce decree will be a matter of public record, but if there is not trial then personal information will not be shown in the court records. Oftentimes, when things get ugly during a trial, accusations fly back and forth and things that each party would rather remain private become a matter of public record.
Of course, there are going to be times when an uncontested divorce simply is not possible, or even when an uncontested divorce is not desirable. Even with all the advantages listed above with respect to an uncontested versus a contested divorce, most attorneys will not recommend an uncontested divorce if there has been a history of abuse or domestic violence within the relationship. Indeed, if there is any sort of history of power imbalance within the marriage, the results of the compromise in an uncontested divorce may be lopsided, and not at all in the best interest of one of the spouses. In this case, having an advocate on your side will generally produce a significantly fairer outcome.
If you think an uncontested divorce may be right for you, the first step would be to talk with your spouse about the issues involved. You should discuss the division of all of your marital assets, the division of your debts, and alimony payments. If you have children, you will have to work out child custody, child visitation, and child support issues. After discussing all of these issues, if you can agree to all terms, you will likely be better off saving the time and money associated with a contested divorce proceeding.
Joseph Woodard is a divorce and family law attorney practicing in the great state of Georgia. He authors articles on GA alimony payments, GA child custody and child support, prenuptial and post-nuptial agreements, the division of assets and debt in a Georgia divorce, and more. Visit http://www.persilylaw.com/GA-Divorce-Law/ for more information.
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