An uncontested divorce can come with many advantages for spouses who are able to agree on the issues that must be decided before the final judgment is rendered. Some of the most important uncontested divorce benefits include saving the parties time, stress, and money. By avoiding prolonged litigation, multiple court appearances, and parting ways amicably, couples can part ways more efficiently, cost-effectively, and with greater control over the outcome of their case.
An uncontested divorce is one in which there are no major issues in dispute. In these cases, the spouses have decided the issues of property division, alimony, child custody, and child support between themselves, without the need for litigation. There is typically little judicial involvement in an uncontested divorce. Rather, spouses may rely on negotiation, mediation, or the collaborative process to reach a resolution in their case outside of court.
Even if the divorce is uncontested, a couple must still comply with Michigan’s residency requirements, satisfy the waiting period, and file financial disclosures. The divorce filing requirements must also be fulfilled. One spouse must file a Summons and Complaint in the applicable county and serve the other spouse with the paperwork. The spouse who received the Complaint generally has 21 days to file an answer. Once spouses have submitted their signed settlement agreement to the court, a hearing will be scheduled where the paperwork will be reviewed and the divorce finalized.
An uncontested divorce can allow couples to part ways without a legal battle. When parties can cooperate and reach an agreement, rather than argue over every detail in the case, a divorce can be concluded faster and in a less adversarial manner. Proceeding with an uncontested divorce can provide the parties with privacy, confidentiality, and certainty. But perhaps most importantly, it can save spouses the time, stress, and cost associated with divorce.
One of the major uncontested divorce benefits is saving money. With an uncontested divorce, spouses can expect lower attorney fees and court costs than those that would be incurred with a contested divorce. Unlike in contested matters, there is no motion practice or extensive discovery when a divorce is uncontested from the outset. The absence of multiple court appearances can allow spouses to preserve their assets for the future, rather than have them eaten up by legal fees.
Uncontested matters typically involve fewer billable attorney hours and rarely involve expert witnesses. Because the process is streamlined, spouses can benefit from greater predictability when it comes to the overall cost of their divorce. In some cases, an attorney might even handle an uncontested matter for a flat fee, making the process highly cost-effective.
A major uncontested divorce benefit is saving time. In a contested case, there can be significant delays based on judicial availability. However, when parties proceed with an uncontested divorce, they do not have to be bound by the court’s calendar and can reach a faster resolution. Spouses can take as much or as little time as they wish to negotiate their settlement out of court.
Since there is no trial in an uncontested divorce, parties can avoid the lengthy preparation, filings, and procedural steps that come with one. This can help spouses finalize their divorce sooner so they can begin the next chapter of their lives without unnecessary delay.
One of the biggest causes of stress in divorce is uncertainty about the outcome. The parties in an uncontested divorce can eliminate much of the stress that can come with parting ways by remaining in control. Instead of allowing a judge to determine the issues that will impact them for years to come, a couple can tailor a settlement that meets their needs.
In contrast with a contested divorce, in which emotions are usually heightened, an uncontested divorce reduces stress by keeping conflict at a minimum. The process can allow the parties to remain amicable, which can serve as a better foundation for co-parenting. An uncontested case can also ease the financial stress of divorce by ensuring legal fees remain low and the settlement agreement addresses all key financial issues in a mutually agreed-upon manner.
If you would like to learn more about uncontested divorce benefits, and whether this approach is right for your case, it’s essential to consult with a knowledgeable attorney. Based in Howell, Michigan, Bergmans Law P.C. handles a wide range of matrimonial matters throughout Livingston, Genesee, Ingham, and Washtenaw Counties and surrounding areas. Providing skilled counsel and trusted representation, Henry Bergmans works with clients to help them resolve the issues in their divorce cases amicably and respectfully. Please reach out to learn more about the firm’s divorce services through the online contact form or by calling 810-360-0090.
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