When you decide that you wish to divorce your spouse, you typically have the choice of informing him or her of your decision and moving forward regardless, or explaining your position and coming to a consensus that divorce is best. If your spouse doesn't agree with the idea of divorcing or plays hardball with the division of assets, you'll be dealing with what is known as a contested divorce. However, if you're on the same page about everything related to the divorce, the situation is known as an uncontested divorce. There are several reasons to come a consensus with your spouse so that the divorce is uncontested. Here are some advantages.
It Will Cost Less
When you move forward with an uncontested divorce, you can hire a divorce attorney to draw up the paperwork that will officially end your marriage, allowing each of you to move on with your separate lives. The cost of this work is minimal. In a contested divorce, you'll each hire your own attorney and the cost goes beyond drafting up paperwork — you'll also have to go to court, meaning that each of you will have to pay legal fees. If you're both looking to save as much money as possible, an uncontested divorce is the way to go.
It Will Be Resolved Faster
Once your divorce is imminent, you likely want to have the matter resolved quickly so that you can put everything behind you. An uncontested divorce is quick — your attorney drafts the paperwork, you and your spouse sign it, and the paperwork is filed to the court. A contested divorce, meanwhile, will take much longer to resolve. In addition to court appearances, each of your attorneys will take time to investigate matters related to the other spouse. For example, an attorney may hire an accountant to analyze your financial records. Drawing the process out can be emotionally taxing for both of you.
You'll Leave On Better Terms
Contested divorces get ugly. The court proceedings often result in each of you dredging up things about each other, and the judge may rule in a manner that makes one of you happy but upsets the other. After a contested divorce, it may be difficult to remain on amicable terms, which is especially unfortunate if you have children. An uncontested divorce is just the opposite — because you're on the same page about the terms of the divorce, the process doesn't have to be acrimonious, and you can leave each other on OK terms.
Talk to a lawyer, like Begley Carlin & Mandio LLP, for more help.