Divorce does not have to be time-consuming, expensive, or bitter. When you and your spouse agree on all the relevant issues, an uncontested divorce is possible. The common reasons for a New Haven uncontested divorce have to do with speed, cost, and the desire to spare yourselves and your children the turmoil of a prolonged dispute.
If you have decided to seek an uncontested divorce, our talented uncontested divorce attorneys can help. We can review the required paperwork for completeness and accuracy while ensuring you have met all the legal requirements to accomplish an uncontested divorce.
An uncontested divorce is any divorce that is resolved by an agreement between the spouses rather than a judicial decision after a trial, and a New Haven attorney can explain the common reasons people choose this option. There are two types of uncontested divorces that proceed very differently.
Some couples negotiate a settlement before filing for divorce. They decide how to divide their property and debt, determine whether one spouse will receive ongoing financial support, and agree on all arrangements regarding their children, including child support.
Once the couple has a written agreement, one of the spouses files for divorce, and the settlement agreement is submitted to the court with all necessary accompanying forms for approval.
A contested divorce means that one spouse filed for divorce, and the couple has no settlement agreement. Many Connecticut divorces begin as contested but convert to uncontested when negotiations produce a satisfactory agreement before the matter goes to trial.
Depending on the particular issues in dispute and the extent of the spouses’ disagreement, a contested divorce can be in litigation for months or even years before a negotiated settlement is reached. During that time, there may have been extensive discovery and numerous court appearances. When the couple finally reaches an agreement and files all necessary paperwork with the court, the judge can review everything on the papers and process everything without the parties’ presence in court, or the judge will schedule a hearing to review the settlement and canvass the parties on the record before issuing the divorce decree
Negotiating a settlement before filing for divorce seems counterintuitive to some people. However, a divorce that is uncontested from the outset offers numerous advantages. One advantage is speed—negotiating a settlement may take weeks or months, but the time involved is wholly within the control of the spouses rather than being at the mercy of the court’s schedule.
Another common reason New Haven couples choose an uncontested divorce is that it typically saves on legal expenses. Most couples negotiating a settlement before a divorce filing either work directly with each other or with a mediator to reach an agreement. Once they have agreed, an attorney should review the settlement document, and if necessary, the attorney can also handle filing, but this limited engagement is a fraction of the cost of a litigated divorce.
For many couples, avoiding the tension and acrimony that often accompany litigated divorce is a critical consideration. Parents want their children to observe them working cooperatively for the good of the family unit, even though they have decided to live apart. Couples who communicate well enough to negotiate a settlement before the divorce often maintain an amicable relationship after the divorce is final.
The common reasons for a New Haven uncontested divorce reflect a desire to handle the divorce efficiently and with as little rancor as possible. The experienced attorneys at Dolan Divorce Law are happy to assist, so contact us today.
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