The Benefits of an Uncontested Divorce

If you’re getting divorced you can simplify things with an uncontested divorce. An uncontested divorce is one where both parties agree to the terms of their marital settlement agreement outside of court. Many divorcing spouses prefer an uncontested divorce because the process can be simplified and collaborative.

An uncontested divorce is even easier if you live in a no-fault divorce state, such as California. In a no-fault divorce neither spouse must prove the other did something wrong to cause the divorce.

If you think this type of divorce may be right for you, read on for more benefits of an uncontested divorce.

Two parties, one goal

In California, contested divorces can last many months to several years. By contrast, an uncontested divorce is often completed in two to three months and finalized in six months. Mediation with an attorney or simply collaborating with your spouse to come to terms on your own assists in making the process less complicated. Contested divorces involve motions, a lengthy discovery process, and multiple court hearings. An uncontested divorce essentially involves four phases: petitioning the court for a dissolution with your spouse’s response to same, completion/exchange of your financial or preliminary declarations of disclosure, determination of the terms of your settlement, and the drafting of your Marital Settlement Agreement (by an attorney, along with the accompanying judicial council forms to file with the court.

Getting divorced without an attorney is never advised. But if you’re worried about attorney fees, uncontested divorces are the solution. Unlike contested divorces which take time and sometimes cost tens of thousands of dollars (or more), uncontested divorces don’t require full divorce proceedings. Therefore, you can save money even if you hire an attorney.

Another uncontested divorce benefit is that they’re more cooperative, and thus each spouse is likely to retain more of their assets. Furthermore, an amicable divorce helps you focus on the future because both spouses are invested in a clean separation. With an uncontested divorce, spouses can end their marriage quietly and without the stress of a lengthy divorce and arguing in court.

Working together

An uncontested divorce is the right choice for many divorcing spouses. You save time, money, emotional stress and can stay on better terms with your spouse. This is particularly helpful if you have children or share significant assets, such as in a business.

However, if you’re thinking of filing for divorce without an attorney, we recommend you speak with a family law expert before you do. At Green Giraffe Legal Services, we offer many alternative solutions, including divorce mediation services, to keep costs at a minimum. Our team can also aid with paperwork and overall guidance on the divorce process.  While most work is done by paralegals, we have attorney’s draft any final Marital Settlement Agreements and handle all mediations.