7 Questions About Uncontested Divorce You Should Ask

What you should know about uncontested divorce? Let’s know!

Q: What actually in an uncontested divorce?

A: It is kind of an undisputed divorce where a family lawyer helps to sort out all key points and come to an agreement between both parties mutually beforehand so all paper work can be done smoothly in the court. Any dispute even over a small thing will lead to having a contested divorce which is much more expensive than an uncontested divorce. These key issues may include:

  • Child custody
  • Child support
  • Visitation rights of another parent
  • Spousal support
  • Division of property
  • Division of debt including all liabilities and taxes

Q: Do we need a lawyer in uncontested divorce cases?

A: Yes, you do need a lawyer as agreement of key points beforehand is not so easy when you are ending a marriage. Your family lawyer might help you to come to any conclusion much easily rather than just making unending arguments at home without any professional help. Or your lawyer can also help you to connect to a mediator to make the process undisputed and end with a smooth uncontested divorce.

Q: What are the major benefits of an uncontested divorce?

A: The most important benefits of an uncontested divorce are no wastage of time and money. Uncontested divorce does not cost you much plus you don’t have to appear for multiple hearings in the court every other week. It saves you a lot of money and time while there are several other benefits too which are good enough to opt for an uncontested divorce. For instance, you don’t have to go through an emotional trauma when you are blamed for something in the court in front of everyone or you won’t have to have any heated arguments in the court. This emotional trauma obviously leads anyone to a depression phase of life when you feel being insulted and humiliated while you are not even sure about the final conclusions.

Q: In how much time we can get free from official proceedings?

A: Generally, an uncontested divorce lawyer always tries to sort out all the official proceedings within a month but it can take some more time as well. In fact, sometimes it can be completed even in less than a month but all depends on your state and the judge who will help you in closing the case. The total time frame also depends on your preparation as well like how well you have prepared all the documents and agreements so judge do not have to make thorough study on his/her own. But most commonly, you can consider the time frame of one month for all official proceedings of your divorce.

Q: Does it require the willingness of both spouses to proceed for an uncontested divorce?

A: Yes, it does require willingness of both partner otherwise you cannot opt for an uncontested divorce in anyway. It is simple and clear to convince your partner to have an uncontested divorce process which is good for mental health and pocket-friendly for both of you. However, if your spouse is still unwilling to go for an uncontested divorce then you can think about mediation before reaching out to court for a traditional contested divorce. Mediation can also help you both to sort out some issues calmly rather than having some heated arguments all the time.

Q: Are there any disadvantages of an uncontested divorce?

A: Yes, there are some disadvantages as you cannot make any argument in front of a judge in court and this may lead to some unfair decisions in your favor. Although you have already finalized everything beforehand in an uncontested divorce but a divorce is always an unpleasant thing with a package of some unexpected surprises awaiting you in the court.

Q: Can the same lawyer be used by both parties in an uncontested divorce?

A: Yes, you can use a same lawyer but it is highly not recommended at all from the professionals. It is because lawyers are meant to defend you in the court when something unpleasant or unexpected happens while if you both have same lawyer then you might have to compromise somewhere you are not even at fault. It is better to take advice from your uncontested divorce attorney Fairfax VA over this matter since it is like hitting your foot with an axe intentionally.

Have your say