Divorce is not always the easiest thing in the world to go through. Arguments with your ex-spouse can get pretty heated and tiresome. But if you can sit down and talk things out with your spouse and figure out how to divide your assets, who gets custody of your kids, who gets support, and what else needs to be done, you could be on your way to a happy ending. An uncontested divorce may still be a bit of a struggle for many couples, but the benefits of one can be huge if you do it right.
A divorce attorney in Brooklyn can help you through this route. If you are looking for a way out of your marriage without going through the messy court process of a divorce, you might want to consider getting an uncontested one. It is the simplest way to end a marriage, and it is a great way to start a new chapter without any drama. You do not have to worry about going through the complicated court system.
So, if you are looking for the easiest way out of a marriage that is not working, here is what you need to know about an uncontested divorce.
What Does Uncontested Divorce Mean?
If you and your partner cannot come to an agreement on anything, you will need to go through a contested divorce. This is when you hire a divorce attorney in Brooklyn and fight your divorce in court to come to a marital settlement. It usually takes more than half a year, and there is no guarantee that either party will be satisfied with the final agreement. It is a long, drawn-out process that can make things even worse.
If you can settle your differences outside of court, your divorce will be much smoother, and you will not have to worry about a huge attorney fee or long delays. This situation is what is known as uncontested divorce. An uncontested divorce is when you and your partner both agree on the terms of your divorce. You will need to agree on things like property, spousal and child support, and child custody. This allows the parties to get a divorce quickly and without the hassle and costs of a messy divorce.
Getting a divorce isn’t going to be a walk in the park. But if you and your partner agree on these important points, the road ahead will be much easier.
Why Should You Consider Uncontested Divorce?
If you are looking for a quick and private way to break up with your spouse, an uncontested divorce will almost always be the way to go. It is faster than other divorce options, more private, and less expensive. Also, it is more likely to result in a happy ending for both of you. Here are some of the attractive reasons to consider uncontested divorce:
1. The process is fast
A contested divorce can take years to go through. You will need to figure out who gets alimony, child support, child custody, and more. Your divorce attorney in Brooklyn will help you come up with a settlement. If you cannot agree on any of these things, the judge will make the final decision.
Uncontested divorce takes care of all of that, so you do not have to worry about all the heated fights and arguments that may arise in a contested divorce. This is because you and your spouse have already decided on all the important terms before you even start the process. In some cases, it can be as short as six weeks from the start to the finish.
2. The process can be confidential
Going through the contested divorce process brings a lot of people into your personal life. You might not want to talk about the tough times in your marriage in front of everyone, and you do not want to be asked questions by your partner’s divorce attorney in open court. Making these decisions in the privacy of your own home will keep everyone out of the picture. There will not be a record of what you talked about; no one can use it against you in court, and your family’s business stays between you and your partner.
If you are going through an uncontested divorce, you will not have as many processes to deal with. In some cases, your negotiation statement will be submitted to the court, which means your stuff will go public, but your private talks and conversations will stay private.
3. The process cost less
When you are going through a divorce, it is important to make sure all the loose ends are taken care of, and no boxes have been left unchecked. That is why it is a good idea to get a divorce attorney in Brooklyn, no matter what type of divorce you are filing for. An uncontested divorce means less talk and less arguments, so the fees are usually much lower.
That is what makes it so appealing because divorce changes the financial situation of both parties. For a lot of people, an uncontested divorce takes some of the stress out of a stressful situation.
4. You have more say in the process
In a contested divorce, the judge has the final say. If you do not agree with what he or she says, it is over. You just have to agree to whatever the judge says. But in an uncontested divorce, you can work out what works for you and your partner. You can choose what you want and what you do not. It does not mean you give up your independence.
Filing for an uncontested divorce gives you back control of the situation. You can decide what is important to you and your family on your own terms. You can work out a plan that is best for both of you, and it is easier to communicate.
5. The process is free of animosity
Nobody gets married with the intention of getting divorced. For a lot of couples, ending their marriage as amicably as possible can be a really healing and empowering experience. This gives you the chance to work through your problems and move on with a new lease on life.
6. The process benefits the kids in the marriage
Divorce is not just hard for the couple who is going through it. It can also be hard for the kids. But do not worry, there are plenty of ways for parents to talk to kids and help them understand what is going on. Most kids want both parents to be happy with each other, and if the marriage is not working out, kids can sense it. Also, kids can sense when there is a lot of stress in the house, which can cause them to take on some vices. That is where an uncontested divorce comes into play.
Parents can agree on how the divorce will impact the kids (like custody) and explain it in a way that is safe and calm. It also gives parents the chance to be good role models for their kids, teaching them how to handle disagreements with respect and love. A divorce attorney in Brooklyn can tell you more about how uncontested divorce may help your case.
The Downside Of Uncontested Divorce
Uncontested divorce is not a good choice for couples who have a history of domestic abuse, emotional abuse, or power struggles. This can lead to one spouse having more power over the other and needing a divorce attorney in Brooklyn to fight for them. It is also not a great option for couples who cannot talk without arguing. If one or both of them have more power over property or a bigger portion of the marital assets, this can lead to big fights that cannot be sorted out in an uncontested divorce.
It is also a bad choice for couples who do not know the law or think they can do everything on their own. These divorces usually require a lot of financial info from each party, so if that sounds scary to you, it might be a good idea to talk to a divorce attorney in Brooklyn.
The Process Of An Uncontested Divorce
If you want to get an uncontested divorce, you will need to talk to your ex-spouse about the process, agree to the settlement, and file a divorce petition with the court in your state. If you cannot afford the court fee, you can ask for a fee waiver. The process varies from state to state, but it usually involves submitting the settlement agreement, some other processes, and then serving the divorce papers.
Your spouse may have to file a response to the divorce petition, and they will have to agree to all the requests. If your state has a final hearing, the judge will ask you questions under oath to make sure you meet all the state’s divorce rules and agree to the settlement. If there is no problem, the judge will sign the final divorce judgment. Depending on the state, there may be a waiting period of 1 to 6 months for the divorce to be finalized.
The law does not say you need to hire or talk to a divorce attorney if you are getting an uncontested or contested divorce. But, as you probably know, getting a divorce can take a long time and there are a lot of steps involved. Most people who go through a divorce have never experienced it before, so it is normal to be confused about what the right course of action is. The divorce attorneys at Gehi and Associates can help you because they know the ins and outs of these kinds of cases.
Looking for an attorney for an uncontested divorce will help you get amazing outcomes for everyone involved. An uncontested divorce usually involves the couple coming to an agreement on a bunch of different things. Trying to go through the divorce on your own can lead to more arguments when you should be focusing on healing and getting on with your life. Finding an attorney will help make sure your divorce stays on the bright side.
Get one now at Gehi and Associates.
1. What time does it take to get an uncontested divorce?
Depending on which state you live in, you may have to wait for the waiting period to end before the divorce will be final. Generally, waiting periods for states that have waiting periods are between one and six months.
2. Do uncontested divorces have to go to court?
Depending on your state, you may need to go to a court hearing to get your divorce finalized. However, some states do not require you to show up in person. Instead, a judge will just look over the things you filed, sign it off (if there is nothing wrong), and sign your final divorce decision.
Is there a need to get an attorney for an uncontested divorce?
Couples do not need to hire an attorney to file for divorce in most states. You can do it without one. But if you decide to go it alone, the court will want you to know the law and what you sign and submit to them. It is probably a good idea to get a divorce attorney in Brooklyn to look over your settlement agreement, especially if your case has complex issues or involves money (like investments in a family business or a retirement account).
Is it possible for an uncontested divorce to become messy later?
Yes. If you want an uncontested divorce, you will need to file a settlement agreement with the judge. If you or your spouse changes their mind before the settlement agreement is approved, you will have to go through a contested divorce, which might be messy.
Can I challenge an uncontested divorce, and when can I do that?
A divorce can be challenged at any time until the judge has signed the final divorce order. Once the order is signed, it is a legally binding divorce. If you want to challenge any of the judge’s decisions in the divorce order, you will have to go through the process in your state to change the order.