Though there is never such a thing as an “easy” divorce, there are divorces that end more amicably than others. These are usually marked by an agreement among the spouses regarding the vast majority of issues and a lack of overt hostility in court filings. This type of divorce, sometimes known as no-fault, can also be known as an uncontested divorce. Below, we will walk through the particulars of an uncontested divorce and what is required to ensure that goes as smoothly as possible.
What is an uncontested divorce?
An uncontested divorce is when both parties agree to divorce and that neither party is legally at fault or the cause of the divorce. This is marked by the couple agreeing on most or all issues such as division of assets, spousal and child support, and any other large issue related to the marriage and its dissolution. It may also be smoothed by a prenuptial agreement that already sets out many of the terms of the divorce leaving little to be decided on. On the other hand, for those couples who are not in agreement on major issues, have a financial or other power imbalance such as a business executive and a stay at home mother, or others with very complex financial situations, an uncontested divorce is likely not the best option.
Do I need a lawyer for my uncontested divorce?
Some couples don’t need an attorney to file for and then be granted an uncontested divorce. This is especially true for couples who have been married a short amount of time, have few assets, and have no children. However, for many other couples, even those in the most amicable of divorce situations, their personal financial situation may compel them to see an attorney to ensure all the paperwork is correctly done. Additionally, those with unconventional or complicated spousal or child support or child custody arrangements would be well advised to seek counsel to ensure that there are no surprises in the courtroom when one spouse realizes they have inadvertently given their rights away on an important issue.
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What do I do if I want to file an uncontested divorce?
Remington & Dixon, LLC can help ensure that you file for an uncontested divorce correctly and preserve your rights. Put our years of experience in North Carolina to use for you by speaking with one of our experienced Charlotte family law attorneys.