What is Uncontested Divorce?
If you and your spouse are in general agreement about getting a divorce and dividing up assets and debts, and if you have a general understanding about how your case should be resolved, then you may be able to file an uncontested divorce. This type of divorce takes less time and costs less money than if your case were to go through litigation. For this option, you may need a divorce attorney who is experienced in negotiation and effective at the drafting of legal documents.
Is an Uncontested Divorce Right for You?
Sometimes relationships simply don’t work out despite your best intentions. If you and your spouse have agreed to disagree and move on with your lives, it could be that an uncontested divorce is a wise choice. It can save time and money and often avoid plenty of acrimonies. Plus, whatever you negotiate in private remains private, and you decide the terms of your divorce – not the court.
That said, I have witnessed many uncontested divorce cases crash and burn. Why? Because this option works best when there are limited assets, uncomplicated real estate, and little to no custody conflict. If on the other hand, you have tax issues, the sale of a home, questions about the division of debt, or young children, what began as a peaceable breakup too often ends up in flames. Ask yourself: Why do I think this is uncontested? What do we not agree about? Should we at least pay for a consultation with a lawyer to smooth out some of our questions or disagreements?
Do I Need a Lawyer for an Uncontested Divorce in Albuquerque?
Filing an uncontested divorce in Albuquerque can be as simple as going online or heading to the local courthouse and requesting an uncontested divorce packet. These documents are usually free and relatively self-explanatory.
That said, it can be worth paying for a divorce lawyer’s advice if you run into snags – not for the purposes of litigation but simply to assist you in filing the papers correctly and lending authority to any outstanding issues you may have. (Note: some lawyers will be open to assisting with the uncontested divorce, while others will not take such cases on due to liability concerns.) One tricky thing to keep in mind: when you hire a divorce lawyer to do an uncontested divorce, that attorney can only represent one of the parties. The lawyer will provide legal advice on how to structure the agreement and then write it up and file it with the court. Occasionally, the spouse who didn’t hire the attorney may start to feel like the situation is becoming a bit adversarial or one-sided. The key is to keep those lines of communication open, with mutual discussions of what’s going on in your case and when the documents are to be expected.
Uncontested divorce is popular because of its low cost, low conflict simplicity. If you have the luxury of pursuing this least complicated divorce option, it is definitely worth considering.