Obtaining an Uncontested Divorce

Many people today are choosing to file their own divorce petitions instead of paying a lawyer to handle it for them. These divorce packets are inexpensive when compared to the cost of hiring a lawyer, but they are not always in the best interest of each party. Even when the divorce in uncontested, there are circumstances under which a lawyer should be consulted. In most states, do-it-yourself divorces are only allowed if there is no property or children involved. Even if the couple has come to an agreement concerning property and children, many courts will not hear those provisions without a lawyer.

What is an Uncontested Divorce?

In an uncontested divorce, both parties have already come to an agreement concerning all the issues, including child support and property division. The only thing the lawyers have to do is prepare the documents and file them in court. There will still be an appearance in court, but the lawyers may choose to appear on their clients’ behalf since the agreements have already been signed and are ready for the signature of the judge presiding over the divorce proceeding.

There is no need for the court to make any decisions about ancillaries in an uncontested divorce because those terms have already been established. Of course, the judge does have the final say and, if he thinks the mutual agreement is unfair to either party, he may exercise his right to change it, but this is not usually done.

Why You Need a Lawyer for an Uncontested Divorce

Why pay the high cost of a lawyer when you already have issues worked out? For one thing, in the event that one of the parties later decides they want to change the agreement, the lawyers can decide if it is in the best interests of the parties to the divorce. It also means that there is no question concerning the interpretation of the issues. If you file for divorce on your own, there can be some misinterpretation concerning the terms of the agreement. Or, the parties could decide to play one against the other and claim they did not know what they were signing or they may claim that they didn’t understand the meaning of the agreement.

What to Expect During an Uncontested Divorce Hearing

The initial hearing for an uncontested divorce usually includes only the granting of the divorce—ancillaries such as child support, alimony, and property division are usually schedules for a later date. That doesn’t mean the court won’t hear them. After all, everything is already prepared. At the same time, it is at the discretion of the presiding judge whether he wants to include the ancillaries or wants to schedule a hearing for a later date.

An uncontested divorce is cheaper by far than a contested divorce because there is less work involved. The lawyers do not need to battle back and forth about any of the issues, so it takes less time to prepare the paperwork for court filing. It also lacks the extensive phone calls, meetings, and letters that are required to bring the parties to a mutual agreement. If you’re contemplating divorce, you can save hundreds and even thousands of dollars by coming to a mutual agreement before you begin the filing process.