Understanding Uncontested Divorce and How to Achieve One

Friday, November 2nd, 2018
Categories: Blog, Filing for Divorce

You may assume that divorces are always messy – that separating couples fight, and that issues in a divorce take the intervention of a judge in order to resolve. However, this is not always the case; in fact, many couples are able to pursue an uncontested divorce, which mitigates high divorce expenses, stress, and hurt feelings. At the Law Offices of Evan Braunstein, our Los Angeles divorce lawyer advocates for uncontested divorce whenever possible. Here’s what you should know.

What Is an Uncontested Divorce?

An uncontested divorce does not refer to a situation in which both parties agree to divorce itself, but rather a situation where both parties are in agreement about the terms of a divorce. This means that both parties agree in regards to how property should be divided, with whom any shared children will live, what the visitation rights of the other parent will be, whether or not alimony will be part of the divorce settlement and any other issues in a divorce.

How to Reach Agreement with Your Spouse

Sometimes, reaching an agreement with your spouse is easy. Indeed, some couples are so cooperative and amicable during the divorce process that by the time they file for divorce, they have already resolved all of the above issues. This situation is ideal, but it’s not common.

Rather, many couples disagree about certain issues in the divorce but are committed to working together in a collaborative, compromising manner to resolve these issues. This is typically done through mediation, where both parties meet together with a third-party mediator – a neutral person who is responsible for facilitating the conversation and helping the couple reach an agreement.

Why an Attorney Is Always Necessary

Even when you and your spouse are in agreement about the terms of a divorce, which means that divorce litigation will not be necessary, it is still strongly recommended that you work with a skilled California divorce lawyer. A lawyer will ensure the following:

• Legality of the agreement – It is important that the agreement that you and your spouse reach is legal, and that it is put in writing and signed by both.
• Lack of errors – Even an agreement with the best of intentions can go south if the written document spelling out the terms of the agreement contains errors. You should always have legal documents reviewed by an attorney prior to signing.
• Protection of your best interests – Accepting any divorce terms simply because you want the affair to be over and done with is not within your best interests. It’s important that you think of your short- and long-term goals and needs as they pertain to your finances and your relationship with your children. An attorney can help you to both identify and protect said goals.

Contact a California Divorce Lawyer Today

If you are filing for a divorce, whether your divorce is contested or uncontested, we urge you to meet with California divorce lawyers today. At the Law Offices of Evan Braunstein, we fight for you. Call us today to learn more about our legal services during a divorce or send us a message telling us more about your situation.