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Frisco Family Law Blog

4 reasons to consider filing for an uncontested divorce

Posted by Laura E. Jones | Feb 10, 2021 | 0 Comments

Divorce means contentious litigation to most people, but a battle in court isn't necessary for you to legally end your marriage. While heightened emotions often lead to acrimonious divorces, high levels of conflict don't have to occur during a divorce.

In fact, couples every day choose to file uncontested divorce proceedings. In an uncontested divorce filing, spouses reach an agreement outside of court regarding the division of their property and how they want to share the custody of their children. There are at least four compelling reasons to consider an uncontested divorce filing for your family.

Uncontested divorces will take up less of your time

If you have to testify in court and submit evidence about every issue you had during the marriage, you can expect to spend more time in court, as well as preparing for court hearings. You may have to miss work for court dates and will spend a large amount of time obtaining and preparing documents for your case. An uncontested divorce filing means the court simply reviews the terms you set, which minimizes the amount of time you have to spend preparing for and attending hearings.

Uncontested divorces are usually cheaper

The amount of time you spend in the courtroom will directly relate to the amount that you pay for your divorce. Minimizing your time in front of a judge will likewise minimize how much you have to pay in court costs and attorney's fees.

When you consider that most litigated divorces cost an average of $15,000 per spouse, keeping the costs lower can be beneficial. Even if you need additional services, like mediation, an uncontested divorce can still save you money.

Uncontested divorces are more private

Sometimes sensitive evidence about you, your child, or your spouse is required at court hearings.  Unfortunately, that information then becomes part of the public record.

When you sort things out directly with your spouse or in mediation, discussions about sensitive information or bad behavior during the marriage won't take place in the courtroom and will therefore remain confidential.

Uncontested divorces can make things a lot easier for your kids

Court is stressful for adults, which can easily trickle down to affect the children. Needing to testify or make statements about their preferences can also put a lot of strain on children. If you can file an uncontested divorce, your kids will see you cooperating instead of fighting. They can also avoid the stress of making a statement about their custody preferences in court.

An uncontested divorce filing still requires great care and adequate legal representation. Protecting yourself and your future should be your priority regardless of what form of divorce you file.

About the Author

Laura E. Jones

Partner

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