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When To Choose An Uncontested Divorce And When Not To?

There are many types of divorces that people can choose from. One of them is an uncontested divorce. But is an uncontested divorce right for you? In which cases you need an uncontested divorce attorney? Here’s a guide for you.

What Is Uncontested Divorce?

An uncontested divorce is essentially a type of divorce in which both partners have already decided that they want to separate but on good terms. This type of divorce involves the partners getting together and talking things out on their own.

In divorces, there is a lot of messiness involved, like child custody, the asset division, the overall tense atmosphere, and so on. So, if you and your ex-spouse are on good terms and want to separate because things just aren’t working out for you both anymore, then an uncontested divorce is an amazing option to go for.

An uncontested divorce is quick and easy and it’s not even as lengthy as traditional divorce proceedings, so you’ll be done in no time, and the best part? It’s a process in which there is open communication between you and your partner because that’s what is healthy at the end of the day.

Here are the conditions in which an uncontested divorce is good and not-so-good for your case.

Uncontested Divorce Is Right For You In These Cases

If You Want To Separate Amicably

If you and your spouse are on good terms and you just want to end the marriage because it’s run its course and things just aren’t the same anymore, then you can go for an uncontested divorce.

This type of divorce is based on the fact that both parties are amicable with each other. The last thing you need when going through this type of divorce is going at each other’s throats.

If Want A Fast Process

An uncontested divorce is a fast process. It takes almost half the time a traditional divorce does and it’s really quick and easy. Since there are not a lot of discussions involved as to who is going to get what, since it’s already decided by the two parties, then things can take a smoother route and they’re wrapped up super quickly without any fights, altercations, or anything violent or treacherous.

This is why if you’re opting for a quick divorce and just want to get done with it, then uncontested divorce is the way to go.

If You Are On Good Terms

Open communication is the baseline of an uncontested divorce. You can’t go for it unless there is a line of healthy communication between the two of you. You need to be able to talk things through without wanting to spew venom at each other.

If you and your partner are on good terms and are taking the separation with a healthy and open mind, then this type of divorce is perfect. You guys can talk things out and decide on the terms like good friends. So, if you feel like that’s something that you can do, then you can go for an uncontested divorce.

If You Have Already Decided The Division

Again, this is where communication plays a really important role. When going through a divorce, you need to think of the finances and the division of everything that was in the joint name of you and your spouse. So, if you guys have already talked about these things and have a plan that sounds good to both of you, then you can go ahead with an uncontested divorce.

This is the thing that makes an amicable divorce more quick as compared to other divorce options. Couples have already talked things through for and now they just want to get everything done legally.

If You Want To Go Down The Inexpensive Route

You can go for an uncontested divorce, if you want to save some money. Since this divorce is a quick process and lawyers are seldom involved in this divorce process, you can get done with the process not only quickly, but you can save a lot of expenses at the same time.

This is a great pro of uncontested divorce and it’s one of the reasons why a lot of people try to go for it, as compared to other traditional and messy divorce options. It’s just so simple and your wallet won’t protest either because even if you hire a divorce attorney Fairfax VA the charges may be less for an uncontested divorce.

When An Uncontested Divorce Is Wrong For You?

If There Is Domestic Violence Involved

You can’t go for an uncontested divorce, if there is a history of any kind of abuse involved. This is a serious case and even if the abuser tries to manipulate you into opting for an uncontested divorce, it can turn into a felony and you want to avoid that at all costs.

If you are a victim of domestic violence, then you need to get the lawyers involved and get out of a hurtful marriage as soon as you can because it is not healthy for you or the kids, if you have any.

If You’re On Bad Terms

If the divorce is messy and one partner doesn’t approve of the separation, then it’s best that you don’t go for an uncontested divorce. It’s not a good thing at all because, at one point, you’ll need to get lawyers involved. After all, there won’t be any cooperation.

So, instead of trying to go for an amicable separation, which isn’t possible in your case, you need to save yourself the mental torture and go for a route that will ensure you get out of the divorce procedure safe and sound, because the last thing you need is more messiness and unnecessary drama.

If There Is Ill Will Involved

If the marriage is based on ill will and one of the partners wants to get back at the other with vengeance, then an uncontested divorce is not the best option to go for. Remember, the condition for an uncontested divorce is that you two should have healthy communication and a friendly relationship with each other, even when you’re on the brink of separation.

This is key, so if that’s not visible in your relationship, then you shouldn’t even try to go for it, because you will be disappointed in the end. You should opt for another type of divorce.

If Both The Parties Are Ill-Tempered

If two partners can’t stand each other, then it’s best that they don’t go for an uncontested divorce, because it will only make things worse in the end. You might try to go amicably, but sometimes that’s just not the case.

If you both are volatile and have really bad tempers, then you will lash out at each other and honestly, that’s not what you want in an uncontested divorce. So, if you can’t be around each other, then go for a different type of divorce. It’s as simple as that.

Conclusion

Uncontested divorce is relatively easy and it’s also less expensive than most types of divorces. Well, now you know everything there is to this type of divorce. If you’re still confused, you should consult a few uncontested divorce lawyers Fairfax VA and discuss your case with them so you can make the right decision for you.

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