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How does an uncontested divorce work?

On Behalf of | Jan 23, 2023 | Divorce

You do not have to settle your divorce in court before a judge. If you want to avoid a contest, there is a faster, cheaper and more private manner of handling a divorce than the traditional way of going about it.

It is worth exploring having an uncontested divorce if you and your spouse decide to split amicably or are still on good terms. Here is how it works.

Agreeing about issues in your divorce

A contested divorce involves reaching a consensus with your spouse on settling the divorce. It involves considering your spouse’s wishes and giving up some of your own to accommodate them.

Usually, issues surrounding property division, alimony, child custody and support are some of the most contentious in a divorce. However, it is possible to find a middle ground if both parties are willing to find a workable solution.

In some cases where there is a deadlock, a mediator may be involved to help find a deal that works for everyone. Once you find an amicable agreement about these and other aspects of your divorce, you should formalize your agreement in court. The terms of the separation agreement will then be legally binding and enforceable.

Your rights in an uncontested divorce

You have a right to a fair share of the marital assets and parental rights that you should look out for during settlement talks with your spouse. If you feel dissatisfied with the terms of your separation agreement, you do not have to sign the document.

You can always seek legal intervention because the courts will only accept a separation agreement entered voluntarily. It is best to have legal counsel from the word go to help safeguard your interests during a divorce, whether in or out of the family court.