Whether or not a divorce is contested is one of the most confusing things about getting a divorce. It is often thought that an uncontested divorce is one where both parties agree that they want a divorce and no longer wish to be married and that alone makes a divorce uncontested. That couldn’t be further from the truth.
An uncontested divorce with children is when two people who are beginning the divorce process both agree that they want to end the marriage but also determine if they can reach an agreement on ALL the issues involved in a divorce. Some of the issues that would need to be resolved would be:
- How to split the assets
- How to split the debts
- Legal custody of the child(ren)
- Physical custody of the child(ren)
- Visitation of the child(ren)
- Child support
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You are required to have a total agreement on all issues regarding the divorce. If one spouse disagrees with just ONE of the issues above, the divorce becomes contested and takes a different path altogether through the legal system.
Furthermore, all parties need to be willing to cooperate and work together to address any decisions that come up during the divorce process and find a way to come to an agreement. You are required to have a total agreement on all issues regarding the divorce. If one spouse disagrees with the other spouse on just ONE of the issues above, the divorce becomes contested and takes a different path altogether through the legal system. If you start out your divorce process as uncontested and hit an impasse, the court will reclassify your divorce and place it on the contested docket.
An uncontested divorce is the least expensive way to get a divorce. Uncontested does not mean unrepresented by an attorney. There are a million ways to resolve the issues regarding a divorce and to understand your options and position yourself well in a divorce is wise and RS Law will work with you to make sure you understand all of your choices. One or both parties can have an attorney and remain uncontested. It is also possible that only one of the two parties can have an attorney and the matter remain uncontested. Just make sure you are the one with an attorney because you will have a clear advantage.
An uncontested divorce is also the quickest type of divorce and can usually be completed in 45 to 90 days. It is possible to complete an uncontested divorce in a few as 31 days.
There are a few courts in Missouri that will allow an uncontested divorce to complete without making you appear in court, however, there are some courts that insist that the divorcing parties make an appearance in court to finalize the divorce.
There are many issues in a dissolution that cannot be reversed and it is very important to get it right. Getting a divorce without an attorney is a lot like driving a car with a blindfold. You can do it but you may be sorry in the long run. RS Law provides legal representation at an affordable price. Handling your divorce without an attorney could be an extremely expensive mistake in the long run. Keep in mind, you don’t know what you DON”T KNOW until it’s too late.
RS Law will work with you to keep costs at a minimum and to help you move through the legal system as quickly as possible to obtain your divorce. Contact us today for a consultation.