What is an Uncontested Divorce?


What is an Uncontested Divorce?

By Steven B. Chroman, Attorney at Law

At the heart of every divorce are four issues:

  1. Division of community and/or marital property;
  2. Division of debt;
  3. Custody and visitation of any children; and
  4. Payment of child and/or spousal support

While no divorce is truly “uncontested” in the sense that there are no disagreements, these disputes do not always have to be resolved in court. That is what we mean by an uncontested divorce – one where the spouses can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move more quickly through the court system and are less expensive than contested divorces.

Every couple seeking a divorce should first attempt to work out mutual terms for the separation without going to court. If the spouses cannot resolve disputes on their own, many people utilize arbitration and mediation, with or without attorney representation. This saves time and money by bypassing the lengthy litigation and trial process. An uncontested divorce typically reduces hostility, allowing both parties to resume their lives more quickly.
Complex issues, high financial stakes and technical legal procedures are the marks of contested divorces. While an uncontested divorce can often be performed without an attorney, litigation often makes experienced counsel necessary for a contested divorce. If one spouse is represented by an attorney or there are difficult financial issues, seeking an attorney may be wise. Uncontested divorce is simple and inexpensive, and it offers you and your spouse the chance to end your marriage quietly and with dignity. It’s not right for everybody, but it’s right for many more couples than gladiators like to admit.
We offer a flat fee solution for those looking for an alternative while still utilizing the expertise of an attorney. I don’t think you have to agree with each other about the issues of your divorce for an uncontested divorce to be right for you. It’s not so much a question of agreement as it is your desire to get through your divorce, and a practical sense on the part of both of you that you want to minimize the cost badly enough to stop fighting, stay in control, and end your marriage.
If you and your spouse don’t yet agree on all the issues of your divorce, that just means you may have some negotiating to do before you finish it. If neither of you are easily rattled, or is hurried, you’ll probably be able to get through it.
For more information, please call The Law Offices of Steven B. Chroman, P.C., at 661-255-1800 or visit us at www.chromanlaw.com. Mr. Chroman is a Trusted Advisor Award Winner and named Top 100 California Attorney’s with over 19 years of experience and local service.

 

 

Leave a Reply