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Is an uncontested divorce right for me?

When you think about your divorce, what do you see? Do you see a couple fighting it out in front of a judge? Do you see negotiation sessions that seem never-ending? Alternatively, do you see you and your spouse coming to terms quickly and quietly so you can both move on? If you see the last one, an uncontested divorce may be right for you.

Divorce is often portrayed as this awful thing where spouses fight for months or years on end before coming to terms with which they both can agree. While there are cases like that, the truth is, a lot of couples in Arizona and elsewhere do not want to fight over every little thing. There are couples who do not want to go to court. There are couples who can agree on terms without a lot of help from outside sources.

Eligibility

An uncontested divorce is not for everyone. It will only work if you and your spouse are willing to talk about the terms of your dissolution and are willing to negotiate where needed. This divorce option should not be used as a way to take advantage of the other party.

An uncontested divorce would also be a good option for you if your spouse refuses to take part in divorce proceedings. A judge can grant an uncontested divorce without both parties approval if one party fails to appear in court or respond to a divorce filing.

Advantages and disadvantages

There are several advantages to going with an uncontested divorce. Some of them are:

  • It can save time
  • It can save both parties money
  • It ensures privacy
  • The whole process is no or low conflict

No divorce process is perfect. Yes, there are some disadvantages to choosing an uncontested divorce. The biggest disadvantage would be with how complex issues are resolved. Those who choose not to seek legal counsel while pursuing an uncontested divorce may walk away with settlements that offer them less than they deserve.

Don't go it alone

If an uncontested divorce seems the right fit for you, wonderful! Just know you don't have to go it alone. Before you finalize anything, you have the right to have legal counsel review your proposed settlement terms to make sure that they work to serve your best interests.

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