We all know that divorce can be messy, but that isn’t necessarily the norm. In many cases, it’s cheaper, easier, and less emotionally draining to pursue an uncontested divorce. An uncontested divorce occurs when spouses can reach an agreement themselves or through a mediator. Such divorces do not require much court intervention and can save you thousands of dollars in legal fees. In this article, the Tampa divorce lawyers at Westchase Law, P.A., will discuss uncontested divorces and go over some of the pros and cons.
What’s involved in an uncontested divorce?
To pursue an uncontested divorce, you and your spouse must mutually agree to the following subjects:
- Property distribution – You and your spouse must agree on how to divide the marital estate. The marital estate is all the assets (and debts) you’ve acquired during the marriage. It includes real estate, vehicles, and personal belongings. It also includes debt. The couple will have to decide how to split their marital debt between their individual estates.
- Child custody – If the spouses have children, they will need to decide on custody and visitation. The court will review this agreement to ensure it is in the best interests of the children.
- Alimony or spousal support – Both spouses will have to agree on whether or not one spouse will receive alimony or spousal support or if neither spouse will be required to pay spousal support.
- Child support – Generally speaking, the non-custodial spouse (the spouse with whom the children do not live) is required to pay child support to the other spouse.
If both spouses agree on all of these issues, they can pursue an uncontested divorce.
What are the benefits of an uncontested divorce?
An uncontested divorce affords both spouses several benefits. These include:
- It’s faster – Uncontested divorces proceed much more quickly than contested divorces. In some cases, contested divorces can take years to settle. An uncontested divorce should be completed in a matter of months.
- It’s cheaper – Since uncontested divorces are faster than contested divorces, they also tend to be substantially cheaper. Lawyers have to do considerably less work than they would for a contested divorce. Court fees are also cheaper.
- It’s private – When the court makes decisions on a divorce, it is a matter of public record. Couples can keep their finances private by pursuing an uncontested divorce.
What are some of the cons of an uncontested divorce?
Although uncontested divorces have benefits, they may not be appropriate for all couples. Some of the cons of uncontested divorces include:
- Less attorney involvement – There’s less attorney and court involvement in an uncontested divorce, so you won’t be getting advice on what you should
- There may be mistakes – Some agreements may not be adequate for the court to sign off on.
- It’s not always appropriate – If there was abuse in the marriage or one spouse handled all the finances, an uncontested divorce might not work to their benefit. The spouse could manipulate circumstances to their advantage, hide assets, or otherwise control the divorce process.
Talk to a Tampa, FL Divorce Lawyer Today
Westchase Law, P.A. represents the interests of divorcing couples and spouses in Tampa, Florida. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your goals and concerns right away.