Overview of Uncontested Divorce
In many divorce cases, the two spouses have reached a mutual decision to separate, and are in agreement regarding all of the issues related to the divorce. This is referred to as an uncontested divorce. Uncontested divorces are much easier to navigate than contested divorces, as there is no need for lengthy trials and substantial legal costs. Additionally, they are less emotionally daunting, and much less stressful on any children that may be involved. The process of
filing for divorce usually involves:
- Meeting with an attorney and identifying and analyzing the issues at hand. Significant marital assets, or the presence of children, may become obstacles to the uncontested nature of the divorce, but it may be possible to overcome them by mutual agreement between the two parties.
- Preparation and filing of an agreement that delineates how the marital property will be divided.
- A court hearing with the divorce attorney and at least one party to finalize the divorce proceedings.
In some cases, a couple will believe that they are in agreement regarding the terms of their divorce only to realize that there is a disagreement on one or more issues. In situations like this, it may become necessary to reevaluate the choice of pursuing an uncontested divorce. A Houston divorce attorney can review your particular situation and assist you in determining if an uncontested divorce is the right choice for you. The attorney will be able to provide you with professional legal assistance in either case.
Benefits of Uncontested Divorce
In almost all circumstances an uncontested divorce is considered to be ideal. A far cry from the consternation and debate that are typically associated with divorces of contest, these allow you and your spouse to dissolve your marriage favorably and with little to no argument. In addition to the amicability of uncontested divorces, there are several other advantages to the process as well. These include:
- Financially, uncontested divorce is a much cheaper process than contested divorce
- Dissolving a marriage with no contest is arguably the fastest and most efficient way to divorce
- Mutual agreement now sets the stage for mutual agreement in the future, even once the divorce is finalized
- Matters established in an uncontested divorce will remain private. Contested divorces are legally made public record
Keep in mind that when you are going through a divorce – uncontested or contested – you will need a separate lawyer from that retained by your spouse. The divorce process calls for separate actions and representation, meaning that you and your spouse cannot legally be represented by the same attorney. Therefore, we encourage you to contact the Law Office of Dan Kirby to ensure that you are represented by the best.