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Motivating Towards a Conciliated Divorce
by Mary Webster - Thursday, 25 May 2023, 02:53 PM
 
When both spouses agree on all issues during a divorce, it is called a "uncontested divorce." An attorney will typically only represent one party in an uncontested divorce. The attorney or spouse will then give the court documents to the other spouse after meeting with that party and preparing them. The divorce petition will be filed with the court if both parties are in complete agreement with all paperwork. In most cases, a divorce agreement reached by a husband and wife will be upheld in its whole by the court. The whole thing can be done in as little as 30 days in some areas.

An uncontested divorce has several benefits over a contested one. The main benefit is that it is more affordable. There will be no need for a divorce lawyer if the parties can come to an agreement on the divorce terms in advance. The time and money spent on your divorce case by an attorney decreases the less contentious your divorce is on issues like alimony, property division, child custody, and child support.

In addition, couples who are able to settle their divorce without going to court tend to be more cordial and friendly than those who have to fight over major issues. To rephrase, alimony payments can be settled amicably and the divorce process can proceed more smoothly if both parties agree to the conditions of the payments in advance and their attorneys do not have to argue back and forth over the terms. Divorce is never pretty, but when lawyers enter the picture, things can quickly turn ugly. If this doesn't have to happen, then maybe everyone can just get along. This is often crucial, especially when dealing with young children.

Third, the parties will be able to keep some measure of anonymity in an uncontested divorce that does not go to trial. The divorce order will be public record regardless of whether or not a trial is held, however sensitive information will be redacted. When a trial turns contentious, allegations fly back and forth and details that both sides would like keep under wraps are made public.

Of course, there will be situations in which an amicable divorce is either impossible or undesirable. The majority of divorce lawyers would not advise their clients to pursue an uncontested divorce if there is a history of abuse or domestic violence in the relationship, notwithstanding the benefits outlined above. In fact, if there has been any form of power imbalance in the marriage, the results of the compromise in an uncontested divorce may be uneven and not in the best interest of one of the spouses. Having a representative argue on your behalf is likely to result in a much more equitable resolution.

Talking to your spouse about the issues involved is the first step if you're considering an uncontested divorce. Alimony payments, the division of debts incurred during the marriage, and the distribution of marital assets should all be discussed. Child custody, visitation, and child support are all matters that must be resolved if you are a parent. If, after considering all of these factors, you and your spouse are able to reach an agreement on all of the terms of your divorce, you should do so.


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