What Happens if Spouses Agree on Divorce Issues?

When you and your spouse split, you did so amicably. It isn’t a surprise, then, if you both are willing to agree on how to split your property, your children, and go your separate ways. While this is the dream for many couples who are going through the divorce process, it does not happen as often as one would like. If you and your spouse are fortunate enough to come to terms with your divorce, you may qualify to file the action as uncontested. Find out how you can do this and what steps need to be taken to make it final.

What Is an Uncontested Divorce?

Many issues need to be resolved before a judge can order a divorce. In some states, an uncontested divorce may provide a couple who agrees on all matters the opportunity to fast-track their divorce. In an uncontested divorce, you provide legal agreements stating how you are handling all required divorce elements. You must agree on how to split all assets and debts. Some state laws prohibit couples with children from getting an uncontested divorce, while others allow it.

Is a Lawyer Necessary for an Uncontested Divorce?

Some may think that an uncontested divorce is self-service and does not require the services of a divorce lawyer. However, in any court proceeding — especially a divorce — engaging the services of a lawyer is highly recommended. A lawyer is beneficial in an uncontested divorce. You will need an expert’s guidance on ensuring that you have all the issues agreed upon before submitting the paperwork. You will also need someone who knows what documentation is required and how to file it. Finally, a divorce lawyer can help you and your spouse reach an agreement on any outstanding issues if you agree on the majority of things. In some instances, a divorce attorney may act as a mediator to get all issues resolved.

What Happens if Spouses Disagree on One Issue?

When spouses agree on most issues of their divorce, there is a good reason to believe that they can agree on all of them. However, some things may prove more contentious than others. Child custody issues, for example, may bring out the worst in people, and if one spouse feels the other is being unfair, they may butt heads. If your attorney or a mediator cannot get you to agree, you will have to forego the uncontested divorce and instead rely on the contested route.