Going through a divorce is hard and emotional, no matter if it is an uncontested divorce or a contested divorce. Uncontested divorce is generally known as the quickest, cheapest, and most-straightforward form of divorce because both parties are in agreement and there is no need to go to court to settle any disputes. But what does an uncontested divorce entail?
Uncontested Divorce Requirements
Every state has different requirements for an uncontested divorce. For example, if you were working with a divorce lawyer in Arizona, they would tell you that in order to file for divorce, you and your spouse must have lived in the state for 90 days before initial filing.
Because each state has different requirements for uncontested divorces, the situation will vary on a person by person basis. Couples will have to sign and review a marital settlement agreement. Generally, the marital settlement agreement will cover these issues:
- Division of property
- Child custody
- Spousal maintenance (alimony)
- Child support
- Parenting time
- Any other issues within the marriage that need to be resolved
It is important to note that an uncontested divorce can become a contested divorce if at any time one of the spouses involved in the divorce disagrees with the agreements in the marital settlement agreement.
Benefits of an Uncontested divorce
The reason so many couples move forward with an uncontested divorce is because there are a variety of benefits. Some of the benefits an uncontested divorce provides are as follows:
- It is significantly cheaper than a contested divorce. Because there is no arguing, evidence gathering, or courtroom visits to settle disputes, there is a significant amount of savings.
- An uncontested divorce is far quicker than a contested divorce.
- An uncontested divorce is generally peaceful, and usually allows the couple to split on good terms because of the absence of fighting and disagreements.
- An uncontested divorce is simpler and easier than a contested divorce.
Do You Need a Lawyer for an Uncontested Divorce?
Technically, you are not required to seek legal counsel for either uncontested or contested divorces. However, divorce can be very complicated, long, and require a fair amount of paperwork that a divorce attorney would be able to help with. It might be in your best interest to hire a divorce attorney if you’re considering moving forward with a divorce.
Overall, an uncontested divorce is popular among couples who are in agreement about their divorce, and who want to save money, time, and resources. There are requirements that vary by state, but a few constants that stay the same across state lines such as the marital settlement agreement. If you are considering divorce, be sure to research further on both uncontested and contested divorces, and hire a divorce lawyer to help you with the process.