There will be times when legal partners choose to split up in the absence of a conflict resolution. Couples may opt for a divorce, which is categorized into different types.
Among the different types is an uncontested divorce wherein two parties agree to proceed with the process diligently. This form of legal separation is arguably the most cordial way of settling differences, enabling parties to have a civilized and straightforward procedure.
Defining uncontested divorce
From the name itself, an uncontested divorce is a form of legal separation wherein partners choose to maintain a civil relationship. Neither must object against the agreement made over marital assets, child custody, support issues, etc. For a divorce to be considered uncontested, the two parties must agree to not have any disputes over marital issues and that they are mutually decisive in moving forward with the divorce.
Conditions for eligibility
In general, this type of divorce is available to parties without any post-marital conflicts left. Issues with regards to child custody, child support, division of property, spousal support, and the like should be settled outside court trial to be eligible for an uncontested divorce.
Basically, if both sides agree to the divorce, or either of the sides fails to make an appearance, the court can grant the plea without any additional procedure. If, however, either one party disagrees and decides to file a counterclaim, the uncontested divorce cannot be granted.
Pros of uncontested divorce
There are many benefits that are acquired when a couple decides to separate without contesting.
● Quick process
Unlike with a contested divorce, the whole process in legally ending the marriage is done within a short time. In a contested divorce, both parties will need to formally settle their disagreements, which brings us to the second point.
● Saves a significant amount of money
Filing for a divorce can already be costly. In a contested divorce, both parties will need to pay for extra lawyer fees as they formally settle their conflicts. An uncontested divorce grants partners a straightforward procedure, saving them both time and money.
● Less traumatic for the children
The major advantage of going for an uncontested divorce is that the parties can remain civilized and respectful of one another. In this manner, the children of the couple will not suffer from difficulties in reaching out to both of their separated parents when they please to do so. The trauma resulting from the separation can be mitigated by keeping a healthy and civilized relationship outside of marriage.
Cons of uncontested divorce
While an uncontested divorce can be an amicable process, it can be unjust for some people in certain situations. In this case, if a party or the children were abused by the opposing spouse, an uncontested divorce will not serve them the justice they deserve. If the spouse was physically or mentally abusive, it’s advisable to hire a lawyer and file a lawsuit against them to ensure your protection.
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