What to Know About Uncontested and Amicable Divorces

If you are going to get a divorce from your spouse, the ideal way to do it is through an uncontested or amicable divorce. Here is what you need to know about these two types of divorces.

What Is an Uncontested Divorce?

An uncontested divorce is when both people make a joint decision about how they are going to divide assets, custody, and what alimony payments will be. They often work these issues out beforehand without the assistance of a lawyer or a mediator, and then move forward with the divorce process. An uncontested divorce can be cheap and fast if done properly, which is why couples try to do it when possible. 

The part of an uncontested divorce that will take the most time is simply getting a court date in front of a judge. While the paperwork may be finalized in the matter of a few days, it could be weeks until your case is heard and the divorce is approved. 

You may think that you don't need a lawyer because your divorce is uncontested. However, a lawyer still plays a big role in the process. The decisions may have been made, but all of the documents still need to be drafted. It is always best to hire a lawyer to do this so that you can ensure that the documents are done properly to reflect your intentions and not run into any problems later. You will eventually have to present these documents to a judge, and you do not want to judge to prolong the divorce process because there is a problem with the documents. 

How Is an Amicable Divorce Different?

An amicable divorce is when both parties want to get divorced and are willing to work together to make it happen, but they have not yet agreed to the terms of the divorce. For example, a couple may still need to decide on big issues like alimony and custody but may have already settled other factors. 

If a couple wants to get an uncontested divorce, an attorney will create a settlement agreement that spells out the terms of the divorce. The attorney can even work with the couple to come to terms out issues that they are having trouble deciding on. Expect to pay more in legal fees due to needing assistance with making those tough decisions, but since each person has agreed to work together, the additional hours should be minimal.

Learn more about which option is for your by contacting a local divorce attorney.