Working With Those Willing to Work With Each Other
There is no such thing as an easy divorce case. You and your spouse thought you would be together forever. You combined your assets and property, building a life together. But things aren’t working out between you. You have reached several irreconcilable differences, and no matter how much you work together to fix the issues, you simply can’t. It looks like the best way to fix things is to file the divorce papers and go your separate ways.
You are already starting things off on the right foot by looking at an uncontested divorce attorney. You know you are willing to work together to come up with a mutually beneficial arrangement. You want to keep things private and quick, avoiding the possibility of the divorce court making decisions on your behalf.
Find out more about the uncontested divorce process and how it can work for a divorcing couple.
What is an Uncontested Divorce?
An uncontested divorce means both spouses want the divorce, as well as amicably reach an agreement, either with or without divorce mediation.
There are several issues the couple must agree on in order to pursue an uncontested divorce:
- Child custody – Both parties agree on how child custody and visitation will be handled.
- Child support and health insurance – The couple agrees on who will be responsible for child support payments and the health insurance of the child.
- Equitable distribution of marital property – The couple agrees on how to distribute their property fairly amongst each other. This includes real estate, bank accounts, investments, retirement investments, and any other marital properties acquired together. This may require the couple to sell certain assets, like vehicles or property, and then divide the proceeds equally.
- Fair distribution of debt – In Maryland, each person in a divorce is often responsible for debts opened under their name. Even if the debt occurred for the benefit of both parties, the person whose name the debt is under is responsible for that debt. The couple can, of course, come to an agreement on a fair way to handle these debts if they can reach a negotiation.
- Spousal support – Both parties must agree on spousal support. This doesn’t mean that spousal maintenance is necessary; it just means that both parties must agree that it being unnecessary if they want to avoid the issue. Otherwise, they must agree on who receives the support, the amount of that support, and the duration of that support.
If you and your spouse can come to an agreement on these important issues, either with or without the help of a divorce mediator, you are well on your way to an amicable, uncontested divorce.
Each party must take the necessary actions for the divorce to begin. In Maryland, this is a joint request to schedule an uncontested divorce. When you and your spouse have agreed to all matters prior to filing, you will attach your signed separation agreement and, if you have minor children, your signed parenting plan.
What Are the Benefits of an Uncontested Divorce?
It is easy to see why an uncontested divorce has many benefits by looking at the issues with a contested divorce. When you and your partner can’t agree on any of the issues surrounding your separation, then you usually must rely on litigation and the decision of divorce court.
This means that your divorce will be measured against certain metrics and information. A judge will examine the evidence and weigh all the information before making a decision. This decision will be as impartial as possible. While impartiality is great for a courtroom decision, it doesn’t bode well for unique situations. Even if your situation statistically looks similar to someone else’s, it doesn’t mean that the resolution that worked for that situation will feel fair for your situation.
When you and your spouse work towards an amicable solution to your divorce, you can end your marriage knowing you were heard. You know that your now former spouse was also heard and that you did everything you could to end the marriage on good terms.
An uncontested divorce is more streamlined than a traditional divorce, meaning you and your partner will spend less time involved with the court system. This also means that an uncontested divorce will inevitably have less of a financial impact on both of you.
An uncontested divorce reduces conflict, which also can reduce stress and hardship for you and your partner. Because an uncontested divorce moves through the system faster than a traditional divorce, you and your spouse will spend less time communicating and negotiating your divorce, which lessens the opportunity for conflict. Because you have already laid out the agreements you have reached, you will have fewer proceedings, such as child custody, support, and asset division, which means there are fewer opportunities to fight.
Where Does a Divorce Attorney Come in Regarding an Uncontested Divorce?
Even though you and your soon-to-be ex are in agreement on the major issues surrounding your divorce, it is important to remember that this is still a legal proceeding with many legal pitfalls to navigate. Just because you agree on how things will be handled doesn’t mean that those agreements are viable in the eyes of the law.
When you work with legal assistance, you know that not only are your agreements mutual, but they also will withstand the scrutiny of divorce court.
Call 240-616-6968 to schedule your consultation with the compassionate legal team at KGH Family Law. When you work with our law firm, you can rest assured that your best interests will result in a legally sound, uncontested divorce.