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Uncontested Divorce: Divorcing on the terms of the parties

If you and your spouse have come to the mutual understanding that securing a divorce is your only option, there is a road to divorce that is streamlined, cost effective, and amicable. It is called uncontested divorce. In this scenario, you and your spouse dictate how your marriage ends by agreeing on the major components of your divorce action, which includes: child custody and parenting plan, child support and spousal support (alimony), property and debt division, insurances (health and life), and any tax implications.

Even in the most friendly and amicable circumstances, it is important to know the playing field and ground rules before agreeing to anything. Accordingly, it is critical that you consult with an attorney to be properly advised of your rights and obligations in light of the existing law and your unique circumstances. At Family Legal Partners, P.C., we frequently consult with clients who are on the brink of divorce to provide them with a preview of coming attractions and properly advise them of their rights and potential risks. Proper divorce planning is important to protect the client. Click here [Link to divorce planning handout] to learn some important divorce planning tips.

In the uncontested divorce arena, the Court is not involved at the outset of the divorce. The time it takes to obtain a divorce is left in the hands of the parties and their respective attorneys. The key here is that the terms and duration of the divorce are in the control of the parties and not the Court. In this scenario, the clients are utilizing their respective attorneys to operate more as the draftsmen and/or reviewer of legal documents rather than as "hired guns" to fiercely negotiate the terms of settlement. As such, this setting is much less adversarial and confrontational, thereby preserving the amicable nature of the divorce.

In any divorce action (whether initiated as contested or uncontested) reaching settlement short of trial, the central divorce document is known as the Divorce Agreement which encapsulates the entire understanding of the parties, provides the terms settlement, and spells out the post divorce duties and obligations of the parties. Because of the permanent legal consequences of entering into a Divorce Agreement, it is critical that it is well drafted containing all of the must-have clauses and properly understood by the client to ensure his or her future compliance. This is the stage where consulting with an attorney is immensely important.

At Family Legal Partners, P.C., when representing a client in an uncontested divorce matter, we ensure that all issues are effectively assessed and dealt with and that the proper documentation is drafted and filed correctly. If there are issues that still need to be negotiated before the parties can come to an agreement, we know how to stay on task to ensure the divorce remains painless and efficient. Contact our office to schedule a consultation to discuss your uncontested divorce action.