Advantages to an
Uncontested Divorce
An uncontested divorce is when both parties agree on
everything, or almost everything, without having the courts divide the assets
and liabilities or determine any type of support or allocation or parental responsibility
of minors (formerly custody). Generally, uncontested divorces are the way most
people divorce and that is because there are several advantages to it. They
include:
Cost
The most evident advantage is the cost. If an uncontested
divorce remains an uncontested divorce throughout the process, litigation costs
are significantly reduced and not as big of a financial burden on each spouse
since the case does not go to trial.
Privacy
If conflict between the spouses is low and both are willing
to negotiate, an uncontested divorce can be a private matter for the most part.
Of course the agreement reached between the two parties and filing with the
court will be public record, but the disclosures made to one another and
negotiations to get to an agreement do not have to be. This way the divorce can
end quietly and with dignity. In some
instances the marital settlement agreement can sealed or “incorporated by
reference only” so as to keep the details out of the public record.
Simplicity
Generally, uncontested divorces go through the system faster
than contested divorces because they are less complicated as the court is not
involved. This allows each party to resume their lives more quickly without
having to deal with extra time in court and added emotional hardship to an
already difficult situation.
There are times when an uncontested divorce is not the right
way to go and those situations include ongoing domestic violence, either party refusing
to speak to the other party, unreasonable demands or greed on one party’s end.
The main reason uncontested divorces do not work in these scenarios is that negotiations
will not go very far because of poor communication or unwillingness to
compromise.
If it is possible to obtain an uncontested divorce both
parties should make efforts to achieve this since the overall process is
generally smoother financially and emotionally speaking. Plus, most judges and
lawyers prefer to settle out of court. Everyone feels better knowing the terms
of divorce are agreeable to both sides (or equally disagreeable) rather than having the Judge dictate the terms
that neither party may find fair. It is important to note that the lawyer chosen
to do the uncontested divorce cannot represent both parties. Whoever the lawyer
represents will mean the other party does not have a lawyer at all and that
strikes an imbalance of power between the spouses, which is the major disadvantage
of an uncontested divorce. To safeguard the unrepresented spouse, a coach or
other representative should review the options available as well as the drawn
up papers to make sure everything is fair before the unrepresented party signs
the agreement. The other spouse can also retain an attorney to review the
proposed settlement agreement and explain all of the legal consequences for a
reasonable fee.
If you are
going through a divorce in Illinois, contact a Chicago divorce attorney to better understand your options and assist you on
your situation.
DISCLAIMER-The
information contained in this blog article shall not be construed as specific
legal advice and does not create an attorney-client relationship or privilege.
Further, this information is intended for general knowledge purposes only and
is not intended to solicit legal fees.