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An uncontested divorce can be the answer to an amicable split

On Behalf of | Dec 8, 2022 | Divorce

You may be married for years, but after a time, you find your union has unraveled. Maybe nothing significant happened; you just grew apart. Or maybe it took one defining event and now you just want to move forward, but on good terms.

If you want a quick, uncomplicated divorce in Williamsville, New York, an uncontested divorce may be right for you. What is an uncontested divorce and how does it compare with a contested divorce?

What is an uncontested divorce?

Both contested and uncontested divorces start with one spouse filing for divorce following a statutory waiting period. In the filing, they will explain what they want out of the divorce.

In a contested divorce, the parties do not agree on all aspects of their divorce. They may try to negotiate their disagreements, but if a settlement cannot be reached, their case will have to go through the entire trial process, including discovery, possible depositions and affidavits and ultimately a trial.

In an uncontested divorce, the spouses agree on all divorce issues. State law varies on exactly what a couple must agree upon to qualify for an uncontested divorce. For example, some states do not allow for an uncontested divorce if real estate is involved or if there are child custody issues.

But generally, if a couple has no disagreements on their divorce issues, they can immediately settle their case in writing. This settlement will be accepted by the court at a hearing and there will be no need for a trial. Their divorce will be finalized.

Benefits of an uncontested divorce

An uncontested divorce offers many benefits. Contested divorces can be stressful and can lead to further rancor between spouses. Uncontested divorces allow couples to quickly move forward from their marriage in an amicable manner.

Contested divorces can take months or years to complete and can be very costly. Uncontested divorces can be achieved relatively quickly once the waiting period is over and at little cost.

If you are seeking an uncontested divorce, you and your spouse can still benefit from retaining your own attorneys. An attorney can help you make sure an uncontested divorce meets your best interests, clarifies the law and draws up the settlement agreement.