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An uncontested divorce is one where you and your partner agree on everything in your divorce, including:
- The division of all debts
- The division of all assets
- How you will split parenting time, parenting obligations, and child custody
- The length and amount of any maintenance/alimony (spousal support)
- The length and amount of any child support payments
You will not have to proceed to court and fight after you have signed these agreements. Rather, you file legal forms and a “divorce settlement agreement,” which outlines the settlements you have reached. It also shows how you will share your debts and property, child custody plans, and how the children will be financially supported.
A judge will have to authorize the settlement arrangement and final divorce, which should not be a concern. Unless it is evident that the divorce terms are grossly unfair to one party or were negotiated under coercion, the judge will typically accept a settlement arrangement. The divorce is finalized once the necessary waiting period of thirty days has passed.
Not all uncontested divorces are the same, and not all uncontested divorces are simple. When a pair has no minor children and very few assets, including no real estate, such as homes or commercial properties, the process is simplified. It also helps if each partner is self-sufficient or at least capable of being self-sufficient.
Can A Couple Proceed With An Uncontested Divorce If They Possess Substantial Assets Or Have Minor Children?
Couples with significant properties and minor children will usually get an uncontested divorce if they can agree on all of the issues highlighted above. Significant assets and minor children complicate the divorce process, but an agreement can still be reached.
Sometimes couples can negotiate an uncontested resolution themselves. If this is not possible, couples should seek support from a mediator to resolve their differences. They may also use lawyers to negotiate, even though this might increase their expenses. It is especially important to consult with lawyers to know whether or not the negotiated agreement is a just and equitable agreement.
When Uncontested Divorce Is Not A Viable Option
Couples with significant disputes and complicated circumstances may not be able to achieve an uncontested divorce. Significant power imbalances between partners, whether emotional or financial, may exacerbate matters, like when one partner earns significantly more than the other.
A partner who has been subjected to or fears being subjected to domestic abuse by the other partner may be disadvantaged in any negotiations. Thus, they will almost certainly require legal assistance.
Even if uncontested divorce is not an option, a pair should assess whether they can resolve various disputes outside the court. Prolonged litigation can be very costly; the easiest way to avoid confrontation and save money is to minimize the problems that are contested.
Seek Legal Assistance for Your Uncontested Divorce
Divorce can be profoundly exhausting for all parties involved, whether it is uncontested or contested. To safeguard your financial wellbeing and privacy, contact the knowledgeable Jefferson City, Missouri, Family Law Attorneys.