Uncontested Divorce: What You Can Expect

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Uncontested Divorce: What You Can Expect

If you and your spouse plan to get an uncontested divorce, you should know what to expect. Not all divorces involve bitter custody battles or fights over dividing property. Sometimes couples decide to divorce amicably because their marriages have not worked out. An uncontested divorce handled by an experienced divorce attorney can allow you to end your marriage legally and effectively.

What Are the Benefits of an Uncontested Divorce?

Married couples who have decided to end their marriages, as well as any children they have, can benefit greatly from uncontested divorces. For one, uncontested divorces tend to be faster than contested divorces because there is no fighting over the divorce terms. For the same reason, they may be less expensive. Couples who get uncontested divorces may remain on better terms after separation or divorce. This can have a positive impact on any children from the relationship as well. From a practical standpoint, couples can decide themselves how to divide assets and share custody instead of having the court do it for them. Making a private agreement about the divorce terms may protect family privacy because disputes will not become part of the court’s record of the divorce. Because of these many benefits, couples who are on good terms but want to separate often decide to get uncontested divorces.

How Do You Get an Uncontested Divorce?

In North Carolina, all married couples who plan to divorce must go through a one-year separation period. During the separation, you must live separate and apart from your soon-to-be ex. A couple who plans on an uncontested divorce may prefer to sign a separation agreement before the one year period begins. A separation agreement allows you to decide some important aspects of the divorce ahead of time. For example, you can discuss how to divide your assets or how you will pay joint bills in the agreement. A local divorce lawyer can prepare a separation agreement for you.

Once the one-year separation ends, you can file for divorce with the court. Again, a divorce lawyer can prepare the necessary paperwork for you. Your spouse will need a separate lawyer for ethical reasons. You do not need a specific reason for the divorce because North Carolina is a no-fault divorce state. If you have not decided how to divide assets or how child custody will work, now is the time to make those decisions. The more aspects of the divorce that you address in your initial divorce filings, the fewer issues that might need court intervention.

At this point in a divorce, some couples realize that their divorce is not uncontested. One spouse may have strong feelings about receiving spousal support or deciding who gets the house. Turn to your divorce lawyer for advice on how to proceed. You may have options such as collaborative divorce for quickly resolving disputes and getting the divorce finalized. Collaborative divorce involves amicable negotiations between the couple and their attorneys. You work together to come up with a final agreement about the divorce terms, outside of court. If collaborative divorce isn’t for you, you have other options like mediation.

Do You Need a Lawyer for an Uncontested Divorce?

Absolutely, you need a divorce lawyer even if you think your divorce will be uncontested. Your lawyer will:

  • Advise you of your legal rights
  • Prepare and file the necessary legal paperwork
  • Help you settle any disputes to keep the divorce uncontested
  • Appear in court on your behalf, if needed

When you hire an experienced and knowledgeable divorce lawyer, you get peace of mind that your uncontested divorce will go more smoothly. If you hit a bump in the road and have a dispute, your divorce lawyer can help you resolve it. You can efficiently get a legal divorce with the guidance of a lawyer.

Let New Direction Family Law Assist You

Are you and your spouse planning on an uncontested divorce? The team at New Direction Family Law is available today to answer your questions. We will help you understand your legal rights and work to finalize your divorce. Our attorneys are knowledgeable, effective, and compassionate professionals who have decades of combined legal experience. We proudly serve North Carolina clients. Contact New Direction Family Law at (919) 646-6561 to schedule a consultation, or visit us at our website.

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