You and your spouse have agreed to file for a divorce. You both agree you don’t want to have a war in the court – and that you want to end your marriage in peace. You both may have heard the term “uncontested divorce” but are unsure what that means, or if it is right for you.
WHAT IS AN “UNCONTESTED DIVORCE”?
An uncontested divorce is one in which you and your spouse have resolved all of the issues in your divorce, and there is no need for court intervention. This means that you and your spouse have agreed to all terms that will be contained in your Judgment of Divorce such as custody, parenting time, division of assets and debts, division of real and personal property and any other issue with respect to dissolving your marriage.
WHAT TERMS OF OUR DIVORCE DO WE NEED TO AGREE ON?
Parties must agree on how to divide all of the assets, debts, and retirement accounts. They must agree as to who will retain the house, and how much the other spouse will receive for their share of the equity. If the parties agree that the house is to be sold, they must agree on a realtor, sale date, list price, and how the proceeds from the sale of the home will be divided. Parties must also agree as to division of their personal property, to include all motorized vehicles, boats, campers, and pets. Parties must also have an agreement as to spousal support – will it be paid, amount, and duration. If there are children of the marriage, the parties must agree on custody, parenting time, holiday parenting time, child support, where the children will attend school, and any other issues specific to their children.
IS AN UNCONTESTED DIVORCE A GOOD FIT FOR YOU AND YOUR SPOUSE?
An “uncontested divorce” would not be an appropriate process for you if you believe your spouse is hiding assets or income, if you and/or your spouse are unwilling to voluntarily disclose assets or income, or if you and your spouse are unable to agree on how to resolve all of the issues in your case. An uncontested divorce would be a poor choice for cases such as these.
WHAT ARE THE BENEFITS OF AN UNCONTESTED DIVORCE:
SAVES YOU TIME
An uncontested divorce can take much less time to complete than a contused divorce. When a divorce is contested, you’re required to involve the court to reach a final outcome. When you and your spouse fight over issues it can take months to obtain a trial date and complete your divorce. Uncontested divorces can be completed quickly, usually no longer than the statutory wait period.
SAVES YOU MONEY
An uncontested divorce is much less expensive that a contested divorce in that it will save you in attorney’s fees. By reaching an agreement to the terms of your divorce, you will prevent the need for unnecessary attorney’s fees.
SAVES YOUR EMOTIONS
Getting a divorce is difficult enough. However, when you’re unable to reach an agreement, and require the court to intervene, it causes even more emotional devastation. An uncontested divorce gives you and your spouse the opportunity to start your new lives without destroying the other, and preserving enough of a relationship to co-parent.
CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI
An uncontested divorce can save you and your spouse a significant amount of time, money, and stress. If you would like to learn more about the uncontested divorce process, and whether an uncontested divorce is right for you, contact Schmitt Law, PLLC. I will meet with you to discuss how you can complete your divorce without the “war”. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503. Please contact Laurie at Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.
