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Joseph R. Zoucha, Attorney & Counselor at Law

Should you consider an uncontested divorce?

While divorce is never an easy process, there are times when a California couple can make choices that make it a bit easier and less stressful for everyone. One of these decisions includes the choice to file for an uncontested divorce. This is not the ideal option for everyone, however, and it is beneficial to think carefully about the impact of any divorce choice before moving forward.

An uncontested divorce is exactly what it sounds like -- a divorce for a couple who have no remaining disputes to resolve. When filing for this type of divorce, you and your spouse already agree on everything. This eliminates the need for litigation and continued discussions about the terms of the divorce order. 

The benefits of this option 

Uncontested divorce is a common choice for couples who do not have children or do not have complex assets to divide. However, this is technically an option for any couple that agrees to the terms of the divorce from the very beginning of the process. You may want to consider this option for many reasons, including: 

  • An uncontested divorce takes less time, and therefore, it costs less than other divorces.
  • It allows a couple to move on with post-divorce lives more quickly.
  • This option allows a couple to determine their divorce order, not an impersonal family law court.

Divorce is a time of significant emotional upheaval and transition, especially for children. This particular option tends to be less stressful, and a lack of acrimonious and contentious court battles can make the entire process smoother for the entire family.

You may be eligible for an uncontested divorce, even if you do not really like your soon-to-be ex-spouse. What it comes down to is not your personal feelings but whether there is a need to dispute the terms of your divorce order. Some couples find that it is worthwhile to set aside temporary emotions for the sake of simplicity and expediency.

The need to protect your rights

It is still crucial to pursue the full protection of your rights, even in an uncontested divorce. An experienced divorce attorney can read your proposed divorce order and determine whether you are exposing yourself to risks and complications in the future. With guidance, you can follow the path that is best for your individual needs and goals for your post-divorce future.

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