The Process and Benefits of an Uncontested Divorce

 Posted on January 05, 2014 in Divorce

Aspects of the divorce process often breed disputes.  The division of property can present issues if one spouse feels like they deserve more or because some assets are difficult to divide.  Children are also a sticking point in most divorce cases as it can be difficult to agree on custody and child support.  Other possibly contentious issues include spousal support. An uncontested divorce is when these issues are settled without the help of the divorce court.  Both spouses come together to agree on these issues by themselves. This process can allow a divorce to be settled quickly and for a lot less money than a drawn out court battle.  That is because most of the heavy lifting is done by the husband and wife. The process begins like any other divorce.  One spouse files the petition with the divorce court.  Then the citation is served to the other party in the divorce.  As long as the respondent agrees to the uncontested to the divorce or fails to disagree to the divorce, then the uncontested divorce can proceed.  The proposed divorce agreement will be reviewed and approved by a judge who will make sure the final decree is equitable to each spouse and follows certain guidelines for child support and the division of property. An uncontested divorce can be increasingly tricky when there are children from the marriage.  It may be easy to agree to a custody or visitation agreement.  Yet, there are things that are harder to review and agree to.  One aspect that might be missed is planning for college or other education costs.  It is also important to provide health insurance for your children, but who will pay for it is determined in the divorce. Rather than leaving anything to chance, have a legal professional guide you through your uncontested divorce.  Contact an experienced divorce attorney in Wheaton today who can verify the fairness of your uncontested divorce.