Uncontested divorce is a time and money saving method for filing when both members of a couple are in complete agreement. Child custody and support arrangements, spousal support and property and asset distribution are complicated issues but if both sides are well informed and have worked out these details, uncontested divorce might be a viable option.
Eligibility
Similar to a contested divorce, an uncontested divorce begins with one side filing for divorce. If the other side agrees to an uncontested divorce, or fails to make an appearance, it is possible for the process and paperwork to be streamlined. If the other spouse does not agree and makes the appropriate court filings, an uncontested divorce cannot be granted.
Advantages
The most obvious benefit of uncontested divorce is savings in divorce costs. Though an attorney is advisable even in uncontested cases, court costs and attorney fees are often lowered because of the streamlined procedure.
The next positive to an uncontested divorce is the amount of time saved. Uncontested divorces tend to be granted more quickly and allow couples to move on with their lives.
Generally uncontested divorce relieves a lot of pressure on couples as the opportunities for conflict can be minimized. No divorce is without conflict, but with fewer demands for information going back and forth and fewer proceedings needed to untangle disputed elements, couples are able to separate in a less stressful manner.
Finally, in uncontested divorces, couples can minimize the amount of their private lives that are made public. Typically information made part of any divorce is put into the public record, unless filed under seal which is very difficult. This includes personal information that one side alleges about the other, financial, and other private matters. If the divorce is uncontested there is simply less information filed with the court that is available to go public.
Disadvantages
The tradeoff of saving time and money through an uncontested divorce in Texas can have negative implications. These can include not being able to sufficiently determine complex property distributions, spousal support, and most importantly complicated custody decisions.
In cases where custody needs to be implicated, couples pursuing an uncontested divorce must make additional filings with the court. The importance of legal resolution of child custody issues often needs to be decided through a regular divorce and in some states uncontested divorce is not an option for couples with children.
An experienced divorce attorney can prove vital to not only getting you the best results but to also find you the most cost friendly method of divorce, whether it is regular or uncontested.
This article originally appeared on www.RoundRockTXDivorcelawyer.com/ and can be viewed here.