The divorce process has a reputation for being costly, difficult, and time-consuming. When a relationship breaks down, disagreements over financial matters and child custody can be heated. However, if spouses can agree on many of the terms of a divorce, this can take much of the difficulty out of the process.
With the help of a skilled divorce attorney, spouses could dissolve a marriage without added conflict through what is known as an uncontested divorce. A Junction City uncontested divorce lawyer could help you draft the terms of your separation and ensure that your wishes are properly represented.
An uncontested divorce is one where each spouse agrees on the primary issues surrounding the dissolution of their marriage. An undisputed divorce does not necessarily mean each spouse agrees on every single issue, but rather see eye to eye on the major issues like spousal support or property division.
There is no formal definition of an uncontested divorce under state law. Instead, it is an informal designation that describes a type of divorce. Despite not being recognized under state law, uncontested divorces are commonplace. A dedicated Junction City attorney could help make an uncontested divorce a reality.
As with any divorce case, there must be grounds for an uncontested divorce. The grounds for a split are the reasons given to the court for the termination of a marriage.
There are two different types of “grounds” for divorce: “fault” or “no-fault.” An at-fault divorce means that the person filing must show the court that their spouse was the reason the marriage broke down. They could do this by establishing a failure to perform a material marital obligation or showing that their spouse is mentally ill.
There is also a no-fault option that is common with uncontested divorces. With this option, a spouse needs only to show that they seek the divorce due to incompatibility. Incompatibility means that the two parties in the marriage do not get along.
There are other requirements beyond the grounds for a divorce. To initiate divorce proceedings, one or both spouses must have lived in the state for at least 60 days before filing. An experienced attorney in Junction City could ensure a person meets the qualifications of an uncontested divorce before filing.
There are various benefits that come with an uncontested divorce. The first major benefit is privacy. Divorce litigation plays out in court in front of the public. This is especially true in at-fault divorces. With an undisputed divorce, there is no need for contentious hearings or litigation.
An uncontested divorce can also save time. Without the need for drawn-out lawsuits or multiple hearings, it could be possible to greatly reduce the amount of time the divorce proceedings take. A further benefit is a potential reduction in costs. The less contentious a divorce, the less each side will need to pay in legal fees. A knowledgeable attorney could further explain the benefits of an uncontested divorce to a couple seeking marriage dissolution.
While divorce is rarely easy, it does not have to be unnecessarily difficult either. In many cases, both spouses could come together and find common ground to dissolve the marriage without the stress of costly legal battles.
If you are considering divorce, going the uncontested route might be your best option to avoid excessive conflict. Learn more during an initial consultation with a Junction City uncontested divorce lawyer.
