Law Office of Joanne Kleiner

marital property

Jun 04

Should You Consider an Uncontested Divorce?

Why Should You Consider an Uncontested Divorce?

It’s common for individuals to spend thousands of dollars on a contested divorce that goes through trial. Therefore, it may be in your best interest to consider options that might allow you to end your marriage without the need to appear in court.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both parties to the marriage in question agree to terms of a final settlement outside of court. As a general rule, couples will agree to terms without the need for a lengthy court battle. A divorce will likely be considered uncontested if there are no outstanding issues prior to seeking court approval to formally end the union.

What Are the Key Benefits to an Uncontested Divorce?

One of the key benefits of this type of divorce is that you may be able to forego any waiting period before your marriage is officially terminated. You can get closure in a timely manner and start taking steps to rebuild your life as soon as you and your spouse agree to go your separate ways.

If you have children, opting to avoid a formal trial can help to spare them from being exposed to the drama and stress that it may bring. Furthermore, avoiding court may also mean that your split is less expensive because you may not need a divorce lawyer until it comes time to review the terms of the final settlement. Also, court costs add up.

Are You Sure That Your Settlement Is Equitable?

An uncontested divorce may be a good idea for you if you truly feel as if you have reached a fair settlement based on the agreement that you’ve made with your spouse. As a general rule, you are entitled to roughly half of the assets held within the marital estate. You may also be entitled to alimony, child support payments and other forms of compensation.

Often, the value of the marital estate is determined by reviewing tax returns, pay records and other financial documents. If you don’t have access to those records, it may not be wise to sign any divorce documents. Instead, it may be best to hire a divorce lawyer who may be able to examine the documents and interpret them for you.

A Judge Will Need to Review a Parenting Plan Before It Takes Effect

To qualify for an uncontested divorce, you must have any issues related to child custody and support taken care of prior to submitting divorce papers. However, although you can create a parenting plan as part of the settlement process, it won’t necessarily go into effect right away because a judge will need to ensure that it preserves your child’s best interests.

In most cases, a hearing consists of little more than answering a few questions to ensure that you understand the plan’s structure and that you agree to adhere to it. Afterward, the judge will likely approve the plan and allow it to take effect immediately.

What Else Should You Know About an Uncontested Divorce?

An uncontested divorce can be ideal if you want to keep a more positive emotional state. Of course, negotiating a settlement outside of court requires you and your spouse to work together with the help of your respective divorce lawyers to come to an agreement. During this process, you get a chance to express your feelings in an open and honest way, which may help you work through the emotional trauma that ending a marriage may bring.

Furthermore, it allows you to tell your spouse what you really need from a settlement. Therefore, there is a greater chance that you will walk away from the negotiation table feeling good about yourself and your future prospects. This may make it easier to maintain the strength needed to be there for yourself and for your children after your marriage ends.

If you have legal questions about your upcoming divorce or would like input about your proposed settlement, don’t hesitate to contact the Law Office of Joanne Kleiner in Jenkintown by calling 215-886-1266 or by filling out the secure online contact form.

Mar 22

The Advantages of an Uncontested Divorce

The Benefits of Getting an Uncontested Divorce

About 50 percent of married Americans end up getting divorced at some point in their lives, and despite the common misconception that divorce is about conflict and winning, the truth of the matter can be very different. Through cooperation and striving for a mutually beneficial scenario, some couples can arrive at a divorce settlement that is amicable for both parties. If they can, they eliminate the necessity of going to court, and cases such as these are known as uncontested divorces.

What Does the Process Involve?

In any divorce, contentions and discussions regarding the settlement tend to fall into one of four categories:

  • Distribution of shared debt
  • Division of marital property
  • Custody and care of the children
  • Child support or spousal maintenance

When two individuals agree on most things in all four of these categories, they can avoid going to court and standing in front of a judge. Instead, they can work out the difficulties on their own and solve everything between themselves. This makes the entire process less hostile and allows it to wrap up much more quickly.

Which Couples Are Eligible?

Obviously, this type of divorce requires two mature adults who understand that their marriage is over and who both wish to move on with their lives. A big part of this scenario is learning to let the other person go. Both parties must be able to set their emotions aside in order to tackle the problems at hand in an objective fashion. Furthermore, it is important that both sides approach the negotiation as equals. In other words, there should be no imbalance in the power dynamics between the spouses. This could lead to a skewed agreement in which one party or the other might be pressured into granting concessions he or she would not have otherwise made. In cases such as these where a fundamental inequality exists in the relationship, a trial might be more appropriate. Although some attorneys will agree to act as a mediator for both sides, it is usually advisable for each one to retain separate counsel. Regardless of how civil the people involved may be, divorce is an adversarial proceeding after all, and the process can often be facilitated by each party having a lawyer present to ensure that his or her best interests are being sufficiently protected.

What Are the Benefits?

A no-fault divorce that is uncontested can be finalized in approximately 90 days. The process can be quick and quiet. It can allow a marriage to end with dignity and away from public view. A settlement that is arrived at courteously behind closed doors is less contentious and far more shielded from unwanted scrutiny. Solving things on your own will always be significantly cheaper than going through a court appearance that can drain precious resources and present unpleasant surprises. When the couple divorcing can cooperate on settling the family’s basic needs, they will not only minimize the conflict but also the costs.

How Do We Proceed?

In the event that you opt for this relatively painless method of ending your marriage, you must reach an agreement with your spouse. The two of you will have to do most of the hard work yourselves. You must first sit down together without undue recrimination and have a rational discussion. If you can reach a fair and equitable compromise on each of the major elements that have been shared and must now be distributed, there is no reason to make the separation more unpleasant than necessary. Your respective lawyers can prepare the documents and file them on your behalf. In a relatively short time, your divorce will be granted. If you’d like to deal with legal professionals who have experience handling uncontested divorces, contact the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, today at 215-886-1266. We’ll schedule a consultation.