Divorce doesn’t always have to be a grueling process riddled with arguments and legal battles over things such as spousal support and property division. With an uncontested divorce, couples reach agreements without the need to hash out their disputes in court or in front of a judge. In this blog, our Denver divorce attorney at Peek Vasquez, LLC (former Peek Family Law, LLC) explores the benefits of an uncontested divorce.
An uncontested divorce is the path of least resistance for couples that have determined they no longer want to share a marriage together. An uncontested divorce is a divorce where both parties agree on the terms of the divorce amicably or without protest, or in the event one party files for divorce and the other party never responds or disputes it.
Compared to a divorce where both spouses are bitter, angry, and want the most from the other party, this process is much easier. It can cause less impact on your children from the divorce, save the family money, energy, and time, and be an overall smoother experience for everyone involved.
Below are some specific reasons why an uncontested divorce is the most ideal option for spouses exploring divorce:
It’s no secret that expenses for divorce procedures can easily rack up. Since the process for an uncontested divorce is shorter, there are lower divorce attorney fees and court costs for both parties. Divorces are stressful enough already without the added pressure of financial burdens and worrying about covering the overwhelming legal costs. With the money you save by having an uncontested divorce, you can focus on building a life after the divorce is finalized.
This helps to prevent access strain on an already difficult situation, and makes rebuilding your family unit easier going forward. Money is already one of the main factors that determines why couples get divorced. Don’t make the financial aspect any more stressful or complicated than it needs to be.
In uncontested divorces, both parties are normally in agreement of most of the terms of the divorce. This results in much less time and paperwork, which streamlines the entire process and minimizes the room for errors to be made. While a contested divorce can typically take several months or even longer, sometimes the process for an uncontested divorce can be done much quicker.
This makes the process much less stressful and allows both parties to move on with their lives quicker. A contested divorce can be drawn out for a long time, especially if parties are stubborn and can’t agree on compromises. This adds time, money, and stress to an already difficult scenario, and is best avoided if possible.
If preserving a civil relationship between you and your ex-spouse is important, an uncontested divorce is most likely your best option. The process fosters a more cooperative environment that allows for open discussions to take place. While it’s unrealistic to assume that no conflicts will arise between you and an ex-spouse, the amount of disputes significantly decreases in an uncontested divorce.
An uncontested divorce is also easier on children of the spouses. If you have a child or children and are getting divorced, you should do your best to avoid a contested divorce that adds excess strain on the family. Consider positive co-parenting as a catalyst for an amicable resolution and uncontested divorce.
The last thing you want when going through a divorce is for your information to be made public. Divorce proceedings and procedures are typically thought of as private and closed meetings, but when taking a divorce to court, documents outlining your financial and personal information becomes a public matter and is eventually made accessible through county records. In a divorce that is uncontested, less paperwork is filed which results in less information to be made public.
This also protects your children from the public sphere. If you can handle your marital issues in-house and then opt for an uncontested divorce, it will help every party involved maintain privacy and dignity throughout the separation.
An uncontested divorce provides a much easier path for splitting assets between the two divorcing parties. Ideally, these can be split up in-house and won’t need to go to trial for assets and custody. While this isn’t always possible, reaching your divorce goals is much easier if you can split your assets amicably.
You have a stronger chance of retaining certain assets you want for yourself and your children if you explore an uncontested divorce. This is also more civilized, and won’t require a battle between the parties over coveted assets. Though you aren’t happy together anymore as marital partners, you both built a life together and were life partners for a long time. It’s only right to behave in a civil manner and split your assets fairly and evenly.
A contested divorce could result in you losing assets you shouldn’t have lost, or lead to resentment which could make life difficult going forward for you, your ex-spouse, and your children.
A divorce is an innately difficult situation for all parties involved. In some cases, it may be impossible to have an uncontested divorce depending on the nature of the divorce. But ideally, an uncontested divorce provides the best results and makes the process much easier. You will save money, time, privacy, limit conflict, and make the best of a tough situation. It will also be easier on any potential children involved in the divorce.
If possible, consider an uncontested divorce unless there’s no way to divorce amicably.. A divorce lawyer can walk you through the process, explain more benefits of an uncontested divorce, and provide counsel for how to approach your divorce or separation.
In need of a Denver divorce lawyer? Contact us to schedule a case evaluation by calling (303) 495-5757 or visit our website for more information.