Uncontested Divorce

Uncontested Divorce

An uncontested divorce is the way most people divorce. It is simple and much less expensive than traditional divorce. Above all, an uncontested divorce allows for you and your spouse to agree on how your lives will be after the marriage. Think about it.... Who would you rather decide important issues such as child custody, child support, visitation and property division; a judge or you and your spouse together?

Advantages of Uncontested Divorces

The most advantageous reason for an uncontested divorce is the cost. The divorce lawyers at Gorospe & Smith will handle an uncontested divorce for a flat fee. A flat fee is a one-time, up-front payment for all legal services needed to complete the uncontested divorce. Conversely, should you choose to divorce in a traditional, litigious manner, our divorce attorneys must bill you at an hourly rate. In both fee arrangements, the client pays costs associated with the case, such as filing fees.

The low cost is not 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.

If you and your spouse don't yet agree on all the issues of your divorce, you may just have some negotiating to do before you finish it.

Disadvantages of Uncontested Divorce

Uncontested divorce is sometimes a bad idea such as in cases involving domestic violence. When there is ongoing domestic violence, the victim can't possibly negotiate with the perpetrator on anything like a level playing field. He or she needs an advocate, and it's difficult to get this done in the context of uncontested divorce.

Since uncontested divorces require cooperation between parties, it can be 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.

The first thing you need to know about uncontested divorce is that 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.