An Uncontested Divorce - Is it Right for You?
Although a divorce has the potential to turn ugly very quickly, and although the process is often complicated by emotional, financial, and legal issues, many couples find it perfectly possible - and often advantageous - to file what is called an "uncontested divorce."
As the name implies, an uncontested divorce is a divorce which can avoid the hostility, headaches, and drawn out court battles usually associated with the idea of divorce proceedings. In an uncontested divorce, the issues are worked out between spouses, usually with the help of a lawyer and/or a mediator. A related benefit of uncontested divorces is their low cost. Since uncontested divorces are usually resolved fairly quickly and efficiently, the process is also usually much more private, another factor many couples take into account.
Of course, being able to work out an uncontested divorce with your spouse depends on several factors. First of all, it requires that you and your spouse are still on speaking terms and are both committed to the idea of resolving your divorce quickly, calmly, and with minimal argument. Without an attitude open to negotiation, proceedings for an uncontested divorce would only be a waste of time and money. Another factor which needs to be considered is the nature of your relationship. For example, is there a sense of equality and fairness present, or is one spouse clearly dominant over the other? If the relationship is uneven or skewed, the weaker or more submissive spouse is well advised to seek a lawyer prepared to fight for his or her interests.
Uncontested divorces also carry some possible disadvantages. Although the efficient nature of an uncontested divorce can be a benefit, it may also be a hindrance. For example, if you and your spouse own large amounts of joint property, financial assets, and the like, it may be difficult to work out a satisfactory agreement. Another potential issue arises from the fact that a lawyer for an uncontested divorce is only permitted by law to represent one spouse. Since divorce proceedings are regarded as inherently adversarial, a lawyer that represents both spouses would experience a conflict of interest. The problem which arises, of course, is that only one spouse will have a lawyer on their side - a potentially unbalancing advantage.
Joseph Devine
If you and your spouse are considering a divorce, a wise move in any situation is to contact an experienced Austin divorce lawyer. Call 512-472-2431 to speak with an Austin family law attorney from the Slater & Kennon law firm today.
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