There is a great deal of misinformation out there about what exactly an uncontested divorce is. Here are 5 of the most persistent myths and the truth behind them:
1. Uncontested Divorce Is Easy
Divorce is never easy. Even when you set aside the difficult emotions that come with getting a divorce, the process is complex even if there are no disputes. That being said, uncontested divorces tend to be more straightforward, more efficient and more cost-effective than contested divorces, particularly those that require trial.
2. Everything Must Be Agreed Upon To Get An Uncontested Divorce
In order to file a divorce as uncontested, everything must be agreed upon by the time of filing. In other words, there may be some issues that will need to be worked out prior to filing. It is rare that two divorcing spouses agree on absolutely everything from the start. There is usually something that comes up that requires an agreement being reached.
3. Uncontested Divorce Is Impossible With Substantial Assets
There are no factors that make a couple ineligible for uncontested divorce, other than not being able to reach agreements. No matter what assets there are to be divided and no matter how many children you have, you may be able to get an uncontested divorce.
4. Uncontested Divorce Is The Same As Mediation
Mediation is a process by which spouses work together with the help of a mediator to reach agreements about their divorce. While mediation may be used to facilitate an uncontested divorce, it is not the same as an uncontested divorce, nor is it required for an uncontested divorce. The same is true of collaborative law, which is another technique that allows spouses to work together to reach agreements.
5. Uncontested Divorce Does Not Require A Lawyer
While there is no legal requirement to have a lawyer in an uncontested divorce case, having one can be very beneficial. A lawyer can make certain that nothing has been overlooked that would prevent the divorce from going through or that would cause problems in the future. A lawyer can make sure that your interests have been considered in the divorce and that you are not being taken advantage of by your spouse. A lawyer can make certain that everything is filed properly and that you get through the process as soon as possible and without any unexpected setbacks or expenses.
Furthermore, a lawyer can ensure that you are protected in the event an uncontested divorce case turns into a contested divorce case.
Attorney Terry L. Hart has more than 30 years of experience helping people with divorce cases of all kinds.