When you and your spouse decide that you no longer wish to stay married
and want to pursue the legal route of getting a divorce, you will have
two directions you can choose from: a contested divorce or an uncontested
divorce. While both of them eventually will lead to your marriage coming
to an end and both have their pros and cons, an uncontested divorce is
generally far less expensive and litigious than a contested divorce.
The major difference between a contested and an uncontested divorce lies
in how it is filed with the state court system, and how it is filed is
largely determined by negotiations before the petition is filed. If both
you and your spouse are able to come to a complete mutual agreement on
all major issues outside of court, then you are eligible to file for an
uncontested divorce. So long as your judge approves of the terms of your
agreement (meaning it is fair and not biased towards one spouse at the
expense of the other), then they will sign the petition.
Why Choose an Uncontested Divorce?
There are obvious benefits to an uncontested divorce, the biggest of which
being the efficiency with which a case comes to a conclusion. By finishing
your divorce quickly, you save yourself a lot of time, stress, and a considerable
amount of money since you will not need to pay for court fees, extended
lawyer services, and numerous other expenses. Uncontested divorces also
usually result in happier couples since they have managed to work out
an agreement over all of the issues that are usually hotly contested ahead
of time rather than have a judge give them a decision that may be surprising.
What are these major issues? They will vary depending on your unique situation,
so no two divorce cases are alike. However, there are a few issues that
are common in nearly every divorce, including:
- Child custody
- Alimony/spousal support
- Visitation rights
- Property division
- Division of debts
If you and your spouse cannot come to an agreement on even one of these
issues outside of court, then your case will need to be filed as a contested
divorce and proceed to courtroom litigation. This requires scheduling
a hearing and paying those costly court fees in order to get a resolution
that ultimately neither party may be happy with.
If you are considering a divorce and you believe you and your spouse can
work out an agreement out of court, it is strongly advised that you do
so to help save yourself from the time, hassle, and emotional turmoil
that a contested and highly-contentious contested divorce can bring. If
you need assistance with negotiation or mediation sessions, the skilled
Jonesboro family attorneys from
Ford & Cook, PLC may be able to assist you. Our skilled lawyers can handle your case with
an understanding of the impact it may have on your life, and represent
your best interests no matter what route you decide to choose.
Call Ford & Cook, PLC today by dialing (870) 935-5400 and
schedule a case evaluation with our team.