Do You Have an Uncontested Divorce?
Determining whether you have an uncontested divorce is not as easy as it sounds. If divorce is going to happen, it’s generally much better if the two of you can agree on everything before anyone files. Agreeing first avoids the headache and heartache, along with the cost and stress, of a contested divorce. It’s not always that easy, though.
Whether a divorce is truly uncontested isn’t the decision of one spouse. It takes both. Often a client tells me they have an uncontested divorce, only to find out later that only he or she feels there’s nothing to argue about. The other spouse believes there’s plenty to argue about and isn’t agreeable to anything. Sometimes it’s out of spite, sometimes out of fairness, and sometimes they think it’s better to try to “outspend” their soon-to-be ex. Whatever the reason, they’re contesting, and it can get nasty.
To truly have an uncontested divorce, you need to agree on everything, from money and property to kids and schooling. If you both want the kids on the same nights, you have a contest. Think of “uncontested” as meaning “we agree on every single part of the separation and divorce.” Saying up front that the matter is uncontested, only to learn later that it isn’t, causes more trouble, stress, and fees than necessary. So if you believe your divorce is uncontested, make sure your spouse agrees, and work out the details yourselves or with an attorney’s guidance. Don’t assume.
The Advantages of an Uncontested Divorce in Missouri
Divorce is hard no matter what, but an uncontested divorce makes it a lot less painful, even if it takes some compromise to get there.
- It costs less. A contested divorce runs up legal fees fast as each side litigates every issue. Working it out together saves both of you a lot of money.
- It’s faster. Without disputes to resolve, an uncontested case moves much more quickly. See How Long Does a Divorce Take.
- There’s less conflict. I see what contested cases do to people every day. Avoiding a fight protects everyone’s peace of mind, especially when there are kids and you’ll be co-parenting for years.
- You stay in control. In a contested case, a judge decides your property, custody, and support. In an uncontested case, the two of you decide what works for your family.
- Less of your life gets aired in a courtroom. Fewer hearings means fewer personal details argued in open court.
If you believe you have an uncontested divorce, call me at 636-486-1093 for a free consultation to talk through the issues. Doing so often eases the process for everyone and saves you needless expense.
Markwell Law, LLC
1600 Heritage Landing, Ste. 202B
St. Peters, MO 63303
Phone: 636-486-1093
Fax: 636-634-3462
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