An uncontested divorce is often the simplest, quickest, least expensive and less painful way to get a divorce. While the end of every marriage is painful, having an uncontested divorce means you avoid lengthy court battles in which you fight over kids or possessions or try to prove fault in a court of law. During an uncontested divorce, you and your spouse must agree on all terms of the divorce settlement. You must both agree on how to divide up all marital assets and property. You must agree on spousal and child support, and on who gets custody of the kids and when. You must agree on the reason for the divorce. Once you agree on all this and write it up into a legal contract, the judge will sign off on it and finalize the divorce. All this sounds great, and it is the best way to get divorced, but that is a lot of agreeing to do with someone you clearly do not get along with well enough to stay married to. So, how do you get an uncontested divorce done painlessly?
Tips for an Easy Uncontested Divorce
If you want a painless and simple uncontested divorce, there are a few basic tips you should follow:
- You should each have your own lawyers. Your lawyers can help you to negotiate and draft and agreement and can help keep things from getting emotional or out of hand by acting as the go-between for you and your spouse
- You both need to make a commitment to be reasonable and work together. If one of you is trying to punish the other through the divorce process or won't compromise or make concessions on anything, an uncontested divorce is simply not going to work. An uncontested divorce depends on you being able to agree on everything, and this means you'll both need to give up things that are less important to you to arrive at something you can both live with.
- You may wish to consider mediation or collaborative divorce, where you work with an independent third party mediator or divorce coach who will facilitate open communication between you and who will help you to understand what is most important to you and what you can give in on
- You need to be up front and honest about assets and any other aspects of the divorce. If one of you is hiding something, you'll need to go to court to compel that person to turn over the assets or information.
Getting Help
If you are thinking about divorce, you should get the help of a qualified attorney. Your lawyer can explain your rights and what you can expect out of a divorce settlement so you'll go into the negotiations with a reasonable idea of what to expect. Your lawyer can also help you out during negotiations and can assist you in getting a fair settlement that protects your legal rights.
