What you need to know about uncontested divorce
Nobody goes into a marriage looking at the reality of divorce a few years down the road, but it happens with many marriages these days. The first thing you need to do is make sure that both you and your spouse have agreed that divorce is your best option. If both you and your spouse… View Article
Nobody goes into a marriage looking at the reality of divorce a few years down the road, but it happens with many marriages these days.
The first thing you need to do is make sure that both you and your spouse have agreed that divorce is your best option.
If both you and your spouse agree that divorce is your best option, and that marital counseling is just going to delay the inevitable, then you may be a candidate for what is known as an uncontested divorce.
Are any and virtually all assets that you jointly own able to be easily divided, where you and your spouse can mutually agree on how to divide them?
If so, then an uncontested divorce might be your easiest option and your most cost effective option.
But one of the things that you must make sure you fully understand is the divorce is final.
It is not like a trial separation where a couple separate for a while to understand how life works for them without the other one around.
Yes, you can change your mind before the proceedings are finalised, but that is going to cost you even more money, not to mention the personal time you will have used to get to this point.
The other thing you need to fully understand is exactly what is meant by the term uncontested divorce.
What exactly is an uncontested divorce?
Generally speaking, it means that both parties agree that a divorce is their best option and nothing will be argued about, either in terms of the divorce itself or in the division of assets.
Typically, a couple who are doing an uncontested divorce may have already split their assets and may not even be living together, so the divorce for them is almost just a formality.
It provides couples with a way of obtaining a quick divorce and not unnecessarily spending thousands on solicitors.
Should you do it yourself or consult with a divorce lawyer?
A lot of the answer to that question is how far you trust your spouse. If it is truly uncontested and you are 100% confident that no skeletons will jump out of the closet during the proceedings, then you can probably do it yourself and save some money.
But if you do not have that level of confidence, even though on the surface it would seem that the divorce would be uncontested, you may want to protect yourself by consulting with a divorce lawyer first before you proceed to the divorce stage.
A good divorce lawyer may be just a consultation or two, where the lawyer lets you know what your rights are and what you can expect.
If you truly expect the divorce NOT to be uncontested, you may want to consider actually hiring the lawyer to be with you every step of the way.
While the latter option is of course going to cost you more, consider how much more it may cost you if your spouse pulls a rabbit out of the hat during the proceedings, where you are not prepared for something which is going to definitely turn out to NOT be an uncontested divorce.
This is a judgment call on your part, but especially in financial terms, it may be better to err on the side of caution to ensure that you do not get hosed in the process.
If you do use a lawyer, do your research carefully.
Make sure that the lawyer you choose is an expert in family law and is a member of Resolution, the organisation that promote good practice and ethics for family lawyers in England and Wales.
Since you are considering divorce, things have not been good up to this point.
Make sure that you do everything you can to make your divorce go smoothly and allow yourself to restart your life on the right foot.
Divorce-Online can help you achieve your uncontested divorce with a range of self help packages starting at just £59.00.