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Mar 22, 2019 Leave a Comment

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.

Categories: Uncontested divorce Tags: costs, marital property

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