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Why Do Some Couples Opt For An Uncontested Divorce?

Seeking a divorce can be a stressful time in your life. Even when you have already had many thoughtful conversations with your spouse and have come to a joint decision that it’s time to go your separate ways, it can be challenging to process and navigate the available legal options.

With the aid of an experienced divorce attorney at The Law Offices of Polizzotto & Polizzotto, LLC in Brooklyn, we can help you come to an amicable resolution from the very start until the finalization of your divorce. Divorce is not easy, so partnering with one of our knowledgeable lawyers will help release much of the pressure that comes with making big decisions. We take pride in crafting a settlement that equally meets each party’s needs. And when both you and your spouse agree that no one is directly responsible for the separation, reaching a mutually beneficial result will be faster and easier.

Who Is A Good Candidate For An Uncontested Divorce?

At one point in your relationship, you felt close enough with your significant other to get married. But for myriad reasons, a marriage doesn’t always suit every couple in the long run. While it can be a harsh reality at first, couples with respect for one another tend to encounter fewer obstacles in the divorce process. An uncontested divorce is not suitable for couples who disagree on the terms of the divorce.

Besides being able to put differences aside, two other factors can make for a seamless uncontested divorce. Firstly, having an understanding that each party will plan to divide all marital assets in half will make everything easier. Agreeing that neither party will fight for the property through the settlement or rely on alimony after the settlement is ideal. Secondly, on the same line as alimony, a unanimous decision to split up often works well when child support is not needed.

What Are Some Advantages Of An Uncontested Divorce?

While an uncontested divorce may not have been one that your parents or friends could accomplish, if it seems doable for you, it’ll be advantageous in more ways than one. An uncontested divorce is typically:

Cheaper: Planning to split assets as evenly as possible and not paying a spouse for spousal or child support may lead to a less expensive process overall. And a more streamlined separation may lead to fewer legal fees.
Confidential: The process can occur outside of court and off public records, so you have a say on who hears about your divorce and who doesn’t.
Easier: Not having to make court appearances and having a trusted attorney to handle all paperwork can be convenient for those who lead a busy life. Plus, keeping an amicable relationship through the breakup is emotionally more straightforward than dissolving a marriage on bad terms.

It’s worth noting that if a couple realizes they have too many differences to proceed with an uncontested divorce, they can still seek a collaborative divorce. Through a collaborative divorce, each party can have their own attorney to represent them rather than working with one. However, both uncontested and collaborative divorces can take place outside of court if everyone agrees to be respectful. And statistics show that over 90% of couples who seek a collaborative divorce reach a private settlement.