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What’s an uncontested divorce and who can file for it?

| Oct 20, 2017 | Divorce Mediation |

Not all divorces have to be contentious. In fact, there are some couples that are able to move forward with an uncontested divorce largely because they’re able to work out their differences in terms of property distribution, alimony and child support among themselves.

Uncontested divorces often begin just like a contested divorce does; one spouse initiates the process. There’s a more streamlined version of paperwork that the petitioner files when when initiating uncontested divorce proceedings. At least one section of those documents is dedicated to having you describe the situation that led to the breakdown of your marriage.

A judge is able to approve your request for divorce provided that your ex doesn’t wish to make any modifications to your filing. If your ex simply doesn’t respond to your filing, the judge may be able to grant your divorce request as well.

Couples that can decide how to share custody of their kids, on alimony and about ownership of property without the intervention of a judge are more likely to be satisfied with the outcome of their divorce case. They’re also likely to save significant money that would have otherwise been spent litigating the case in court. They also often reach a swifter conclusion to their marriage.

Just like a contested divorce, the details of an uncontested one are made available for public consumption. The only way to avoid this happening is for one of the spouses, or both, to petition the judge to seal your divorce proceedings. Uncontested divorces often result in less public information being exchanged back and forth though, largely because differences aren’t fought out in court, but instead privately between spouses.

Aside from an uncontested divorce not being ideal for couples with complex issues to work out, they also are disallowed in some jurisdictions, especially if a couple has kids. In learning more about your choice to end your marriage, a Fort Myers, Florida, divorce attorney can advise you whether an uncontested divorce is right for you.

Source: findlaw.com, “Uncontested divorce,” accessed Oct. 20, 2017

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