What Is Uncontested Divorce?

What Are the Benefits of an Uncontested Divorce in California or Colorado?

An uncontested divorce is the most common and simple means of dissolving or terminating a marriage. In order to file for uncontested divorce in California for example, both parties agree to the divorce as well as the terms of the divorce, giving them the opportunity to dissolve the marriage amicably and equitably. In most cases, there are no children involved and little to no assets and liabilities to be divided.

There are multiple benefits to opting for an uncontested divorce:

1. The Cost

One of the greatest benefits of uncontested divorce is that is inexpensive. Divorces where the spouses cannot agree on child custody arrangements or where the division of assets is complicated, take much more time dissolve. When it comes to divorce, time equals money - lawyers fees and other charges will be far greater for lengthy divorce proceedings.

The money that is saved in lawyers fees can go towards the divorce settlement, living costs until the divorce is finalized or supporting the children.

2. Psychological Toll

Divorce is a considered to be one of the most stressful events that a person can undergo. It is often an extremely painful process and emotions tend to rule the day. Resolving issues and filing for an uncontested divorce allows each party to get on with their lives and start to heal from the effects of terminating a marriage much sooner.

3. Privacy

There is nothing quite like a divorce to let all those skeletons out of the closet and air that dirty laundry in public. A divorce agreement, when finalized, becomes a matter of public record. However, it is up to both parties how much information about the marriage and the reason for the divorce is disclosed in this public record. In a lengthy, complicated divorce, parties generally like to play dirty and reveal as much private information about the other person in order to give them an advantage when it comes to division of assets or child custody.

A quick, uncontested divorce allows both spouses to hold onto their privacy and what happened in the marriage to stay just between the two of them.

4. Equitable Resolution

The primary goal of an uncontested divorce is to be equitable. This means that both parties have an equal stake in dissolving the marriage and both will benefit more or less equally from the termination of the marriage. However, it is up to both parties to come to an agreement on an equitable resolution. In some cases, one spouse may forego their right to any assets in order to reach and equitable solution. In cases, where children are involved, the parents will agree to joint custody.

When Is An Uncontested Divorce Not Beneficial?

As mentioned above, divorce is a stressful and painful life event resulting in parties becoming vengeful, greedy and unable to agree on any of the terms of the divorce. This is most often the case where one party is to blame for the irretrievable breakdown of the marriage. For example, where one party had an affair. In these cases, it is often best not to opt for an uncontested divorce and retain a divorce lawyer or attorney who can be more objective while ensuring that their client gets what they deserve from the dissolution of the marriage.

Should there be any dispute as to child custody arrangements, then it is also a good idea to hire a lawyer rather than file for an uncontested divorce. However, it is important to note that the courts rarely grant sole custody to one parent any longer unless there are reasonable grounds such as one parent being declared unfit. Child support and visitation are other areas that can lead to disagreement.

An uncontested divorce is by far the least expensive and most equitable way to end a marriage. Click below for more information about your applicable state:

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