April 14, 2024

What Is An Uncontested Divorce? – Right Lawyers

What Is An Uncontested Divorce? – Right Lawyers

Divorce is of two kinds — Contested and uncontested. When spouses decide they don’t want to continue their marriage, they have to choose the type of divorce they want to approach to settle all of the divorce-related issues. The most common divorce-related issues are child custody, alimony support, child support, division of matrimonial assets, financial aspects of divorce, etc. A couple who agree on all or most of the divorce-related issues can take the route of uncontested divorce. However, couples who don’t reach a mutual ground on the matters affecting their divorce settlement are decided through the court by a contested divorce. At Right Lawyers, we have a team of dedicated, well-versed, experienced uncontested divorce lawyers who can help you navigate this troubling time of your life. Of course, each case has its own facts and complications, but our team knows how to tackle each one of them professionally. 

Uncontested means “not challenged or disputed”. As the name suggests, in an uncontested divorce, all major divorce-related issues are mutually settled between the spouses, and they don’t have to fight over them in court to obtain a divorce decree. In simple words, there is no disagreement between the parties about questions like;

  • How would the children be financially supported? Children under the legal age are minors, and therefore, they are the financial responsibility of their parents. The court fixes child support for a child(ren) who is minor or dependent on parents to meet their financial needs.
  • What would custody look like? Is it going to be full of joint custody? It also includes meeting schedules, parenting time, and other relevant matters.
  • Who will have legal or physical custody? Legal custody gives the custodial parent the right to make decisions that can impact the child’s well-being. Whereas the parent with the physical custody may or may not have such legal rights.
  • What will alimony/spousal support look like? It also includes the duration and amount of spousal support to be paid. Some alimony support has a short time agreement, whereas others might be long-term. It depends on the degree of financial dependency of the spouse on the other spouse.
  • How will the matrimonial assets be divided? 
  • How will financial liabilities and future joint investments be handled? This may include joint mortgages, loans, business investments, shares, pets, matrimonial property, personal belongings, cars, etc.
  • How will other divorce-related issues be handled? For example, the grounds of divorce. 

When should you get an uncontested divorce?

An uncontested divorce is suitable for couples who are

  • Childless
  • Doesn’t have complicated financial assets that require equitable and legal division
  • Are parting on amicable terms
  • Documents needed for an uncontested divorce

Discuss with your family lawyer or a divorce attorney about which type of divorce is most suitable for you. If you have trouble finding a good divorce lawyer, you can start by searching the internet. Some helpful search words can be “divorce lawyers near me”, “divorce lawyers for men” or simply “divorce lawyers” on the internet to shortlist potential choices. Do a little research on what different kinds of divorces imply. That said, here is what you need to know about an uncontested divorce, and the parties only have to sign a divorce petition. The family court reviews the divorce petition to check whether it is prepared on fair, equitable, and just terms and whether no party is trying to deceive, manipulate or pressure each other to agree to the terms of divorce they do not wish to enter.

There are two situations that can get you a successful uncontested divorce from the court. The first situation involves a general settlement between you and your spouse on all divorce-related issues. You go to a divorce attorney who prepares the papers — a divorce petition after an agreement between the parties on how they will handle their divorce. The couple signs it, and the petition are submitted to the court, which passes a summary dissolution order of the marriage after examination of the petition. The second situation is when you file a divorce petition in the family court, but your spouse never shows up or responds to the petition. In that case, the court decrees an ex-parte decision in your favor, and divorce is decreed for summary dissolution. 

Divorce is a complex process, and it requires legal expertise. That said, you don’t strictly need a divorce lawyer in an uncontested divorce. But it is always good to hire an uncontested divorce attorney when you are filing a divorce petition. It’s because you will need an m expert divorce attorney for the paperwork. You will need a divorce lawyer to do the legal drafting of your divorce petition. Moreover, you will need the advice of a divorce attorney when discussing divorce-related issues to ensure you are negotiating on equitable terms. Having a divorce lawyer by your side ensures you don’t agree to anything in ignorance of your legal rights. Most people in divorce don’t know about their legal options on divorce-related issues, and a divorce lawyer provides valuable legal advice.   

In Las Vegas, an uncontested divorce can cost between $3,500 to $8,000. An uncontested divorce costs less than a contested divorce because it takes less time to get a summary dissolution from the court in an uncontested divorce. You will require a divorce petition for an uncontested divorce, and you are advised to provide all the relevant documents about your financial assets to help your uncontested divorce attorney to analyze what are the best options for you in a settlement process.  

Bottom line

An uncontested divorce is when divorce-related matters are mutually agreed upon between the divorcing parties. The spouses settle the divorce matters between them, without needing the court’s help. The divorce petition is signed and submitted to the court for finalizing the divorce. It is suitable for couples with simple divorce cases.