You and your spouse have agreed to file for a divorce. You both agree that you do not want to have a war in the court – that you want to end the 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.
So, what is an “uncontested divorce”?
An uncontested divorce is one in which the parties have resolved all of the issues, 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.
What terms do we need to agree to?
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 bad idea for some people?
An “uncontested divorce” would not be an appropriate process for parties who believe their spouse is hiding assets or income, for parties who are unwilling to voluntarily disclose assets or income, or for parties who cannot agree on how to resolve all of the issues in their case. An uncontested divorce would be a poor choice for these cases.
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”. Please contact Laurie at Schmitt Law, PLLC online or by calling (616) 310-4975 for a consultation today.