Many couples may consider uncontested divorces, as they tend to be efficient in cost and time, and they’re typically less stressful than contested divorces. But how do you know if an uncontested divorce is right for you?
Who’s a good fit for an uncontested divorce?
Uncontested divorce is ideal for couples who wish to keep things simple and non-confrontational, who get along with one another, and who are able to easily discuss their legal and financial matters as well as child custody plans, if applicable. It’s also a good option for couples who wish to effectively manage the costs and time frames associated with divorce. And uncontested divorce requires that both you and your spouse voluntarily sign all the necessary divorce documents.
How can a lawyer help with my uncontested divorce?
A lawyer will listen to everyone’s needs and advise you of any issues you may not have considered. From there, a lawyer will draft the necessary court documents and guide the case through the courts.
What if we have children?
In most cases, children whose parents choose to have an uncontested divorce are less likely to become involved in the divorce process and, therefore, are less likely to have to deal with many negative emotional experiences. We will help you create a permanent parenting plan, which contains all of the terms regarding the care of your minor children—such as where your children will live, visitation schedules, and child support payments.
How do we divide our finances and assets?
We’ll help you create a marital dissolution agreement that’s basically a settlement agreement and contract between you and your spouse. It outlines how you will divide all of your marital property, real estate, retirement planning, cars, etc. It also contains alimony terms, if needed.
We also can create a document called a qualified domestic relations order that divides retirement plans, such as a 401k, and provides that a certain percentage or amount of money is divested from the account to one spouse who can either cash it out or roll it over into a new plan of his or her own.
What about alimony and spousal support?
Because there are several types of alimony, the facts of your particular situation will affect how alimony is determined. Typically, we’ll consider factors such as the length of your marriage, each partner’s income and earning capacity, and the assets of each spouse, just to name a few
How long does an uncontested divorce usually take?
Uncontested divorces usually take about three months to become final. There’s a waiting period—60 days for cases without children and 90 days for those with minor children—that must pass before a divorce is finalized.
How do I get started with an uncontested divorce?
The circumstances surrounding your divorce case are unique to your particular situation, and the divorce attorneys at Davis & Greene P.C. will review your case, explain your options, and help guide you through the divorce process.