09/14/2017
WHAT IS A NO CONTEST DIVORCE?
An uncontested divorce is where both parties have already agreed upon the terms of the divorce, and consent to those terms through written, sworn statements to a court of law via one attorney. Uncontested divorce is the way most people divorce. It’s simple and inexpensive, and it offers you and your spouse the chance to end your marriage quietly and with dignity. It’s not right for everybody, but it’s right for many more couples than many divorce attorneys like to admit. The lawyer you get to do your uncontested divorce cannot represent both of you. As a society, we assume that the spouses in a divorce have necessarily different interests. The ethical principles for lawyers therefore require that a lawyer cannot represent both parties. The lawyer must represent one of you and not the other. The lawyer will need to know at the outset which of you is his or her client and which of you is not.
WHAT ARE THE ADVANTAGES OF AN UNCONTESTED DIVORCE?
The most apparent advantage of uncontested divorce, of course, is its cost. The simple fact is that any money you can avoid spending on expensive divorce litigation, you can use to live on after divorce or spend on your children.
The low cost is not, however, the only advantage of uncontested divorce. If the level of conflict between the two of you is low now, uncontested divorce offers a way to keep it that way. It’s also private. The agreements the two of you reach in an uncontested divorce and file with the court will of course be a matter of public record, but the disclosures you make to each other don’t have to be. Nor do the various proposals you discuss as you negotiate an agreement that’s acceptable to both of you.
WHEN IS UNCONTESTED DIVORCE A BAD IDEA?
Uncontested divorce is a bad idea when the parties are not able to talk with each other. If your spouse refuses to have any discussion with you about divorce, and if you’re determined to move forward with the process, any money you spend on an uncontested divorce is likely to be wasted. If you’re patient, you may find that your spouse will come around later, but if you’re determined to do it now and your spouse is digging in his or her heels, you’ll have no choice but to serve them with the process and do it the hard way.
At my office, you will get your divorce done quickly, simply, and easily. All you have to do is call and my staff will set up a meeting with me to go over the terms of the divorce, which typically only takes HALF AN HOUR! I will then have your customized divorce terms prepared for you and your spouse to review. Changes will be made if needed when you review. Upon approval and signature from both parties, I will file the matter with the District Court of your respect county. Barring something unusual, neither party has to go to court and the matter is resolved typically within only a few months.
