What is an Uncontested Divorce and Do We Need a Lawyer?

According to the CDC’s National Center for Health Statistics, between the years of 2000 and 2014 there were 813,862 divorces and annulments in the United States – a rate of 3.2 per 1,000 people. An uncontested divorce takes place when:

uncontested divorce

  • Both spouses have no disagreements over any financial or divorce-related issues, i.e., division of marital property, child custody and support or spousal support, and
  • One spouse either agrees to the divorce, or does not appear in the divorce action.

When both spouses in a marriage agree to divorce, they can save both time and money when they file for an uncontested divorce through streamlined court procedures.

Eligibility for an Uncontested Divorce

Generally, an uncontested divorce is available to couples who do not have any remaining disagreements regarding the basic issues in divorce. Like a contested divorce, filing for divorce begins the process of an uncontested divorce. In most cases, uncontested divorces involve streamlined documents, in which information on property and child custody is filed, along with paperwork stating the grounds for divorce.

If the other spouse agrees to the uncontested divorce, or does not make an appearance at the proceedings, the court can grant the divorce. On the other hand, if one spouse disagrees and makes the court filing required, the divorce cannot be granted.

Do You Need a Lawyer for an Uncontested Divorce?

Uncontested divorces can be finalized in just a few months and both spouses get to have a say in the divorce outcome instead of allowing a judge to make decisions for them. However, even if you and your soon-to-be ex agree on all the issues in your case, there are still a few reasons you should seek the help of an experienced family law attorney.

  • First of all, an experienced family lawyer can point out certain legal issues that you may not have thought of. One of the main reasons you settle your case is so that you do not ever have to go to court. A legal professional can help in pointing out common issues that crop up in many divorce cases, allowing you to come up with a long-term plan to avoid disputes along the way. This is especially crucial in cases that involve children.
  • Secondly, you will need an attorney to ensure the correct documentation of your settlement. There are free court-provided forms for people to use when they do not have a legal counselor. These simplified forms do not include a number of the issues that experienced divorce lawyers address when settlement documents are being drafted. When you draft your own settlement, it usually results in the need to return to court to address issues that were not addressed properly during the divorce.

Even if you and your spouse agree on everything and file for uncontested divorce, it is smart to have a judicious legal pro by your side to make sure that everything is in order and your divorce proceeds smoothly.

If you have filed for an uncontested divorce, make sure that you contact a divorce attorney to help you through the process. At the Law Office of Jeffrey Thompson, you will find a team of stellar divorce attorneys to assist you through each step of your divorce. Call us at 321-253-3771 today for a free case evaluation.

Additional Reading:

What Is Different About Military Divorce?

How Does Domestic Violence Impact Divorce In Florida?

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