There are basically two types of divorce: the contested divorce and the uncontested divorce. The contested divorce consists of both parties duking it out over who gets what -- and it involves going to court to settle those decisions. With an uncontested divorce, the parties will still end up in court to finalize the divorce; however, the parties are not involved in a huge fight with one another. Instead, the parties are simply requesting the approval of the court of their agreed upon divorce decree. While it would appear that an uncontested divorce is the way to go if possible, due to its simplicity and speed, there are a few things that you need to be aware of prior to filing, including the following:
1. Both Parties MUST Agree on Absolutely Everything.
The thing with uncontested divorces is that everything has to be agreed on by both parties, from child custody to property division. There literally cannot be one thing that is left in disagreement. While it may seem like this easy, it can get tricky once you start sitting down and trying to get things done.
2. Both Parties Must Still Endure the Waiting Period.
Uncontested divorces consist of a pretty straightforward and smooth-running process. However, it is impossible to avoid the waiting period that is required of all individuals filing for divorce. This mandatory waiting period is in place for couples who may change their mind and back out of their divorce (yes, it really does happen!). Each state has a different waiting period, and some states are worst than others.
3. Both Parties Could Be Walking Away from More Than They Realize.
Usually, in an uncontested divorce, couples will choose to keep the assets that they entered into the marriage with and leave it at that. Some can agree amicably to split the assets that they accumulated over the time that they were married. However, it is important to realize that in community property states, you're entitled to half of community assets, which includes the job earnings of your spouse and real estate, that were acquired from when you were married to the time that you separated. Without this knowledge, you could be walking away from a lot that you are legally entitled to.
If you're considering divorce, it could be in your best interest to speak with a divorce lawyer even if you want to try to keep things amicable with an uncontested divorce. You want to ensure that you receive everything that you are entitled to. An attorney can make sure that your best interests are looked out for.