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What Exactly Does an Uncontested Divorce Mean?

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Divorce can be (and often is) messy, financially draining, and emotionally devastating. Add children to the picture, and that pressure essentially doubles. For many divorcing couples, the idea of fighting a court battle against someone they once loved enough to marry is stomach-churning.

The truth, however, is that time changes everything, and couples might find themselves allowing their anger and sense of abandonment to impact the divorce process.

In contested divorce cases, couples are vulnerable to financial ruin, along with being forced to allow a judge to dictate every important aspect of their lives, including custody and visitation schedules for children and the division of property.

Most people would understandably prefer to keep their business out of the courts and deal with each other more privately and collaboratively.

What Is an Uncontested Divorce?

An uncontested divorce is just what it sounds like: a divorce that neither party disputes. There are two ways in which an uncontested divorce might be achieved.

In the first case, one spouse files for divorce, and the other refuses to respond in every way. If one spouse refuses to acknowledge or contest divorce pleadings, choosing instead to ignore them completely, the other spouse will be able to go through with a default divorce (and likely succeed). Alternatively, the parties might agree to a default divorce.

In the second case, both spouses mutually agree to terminate their relationship. They agree on all matters related to the divorce, including property division and spousal support, and devise a compromise that works for both parties. This kind of uncontested divorce is the best way to proceed amicably.

Legal professionals widely consider uncontested divorces to be the simplest, least expensive route when it comes to splitting up with your partner. Studies have shown that couples who agree to an uncontested divorce are better able to co-parent cooperatively and are also less likely to argue after their split is final.

While it’s possible to go through with an uncontested divorce without a lawyer, the wisest choice when seeking one is to consult an attorney experienced in divorce law. 

Major Factors in Divorce Proceedings

While you likely already understand that a divorce will impact every part of your life, only those who have undergone the process can understand the extent of legal decoupling’s effects.

The legal process of addressing spousal assets is complex and requires cooperation from both parties. 

Here are the major factors to be decided on during divorce proceedings:

  • Property Division: Who receives which assets, including the marital home and any vacation homes
  • Alimony: If one spouse has raised the children while the other works, the working parent may be required to pay spousal support
  • Child Custody: The parties must decide custody and visitation and who the custodial parent will be
  • Child Support: How much money one parent will be required to pay the other parent on a regular basis

Given the high stakes of each of these aspects of your shared life, figuring out the best way toward an uncontested divorce is generally the wisest option. An experienced Orlando divorce attorney can explain the most appropriate legal routes and help you emerge with the best possible outcome.

Mitigating the Consequences of Your Divorce

Divorce has the potential to destroy every part of your life if you don’t choose the right legal options.

From bankruptcy to losing custody of your children, you won’t get a second chance at your divorce proceedings. Your best bet is to seek legal aid and do everything in your power to proceed with an uncontested divorce.

Contact the Orlando Family and Divorce Law Firm of Conti Moore Law Divorce Lawyers, PLLC for Help Today

For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC by calling (407) 831-0203 to schedule a free consultation.

Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
United States

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