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Uncontested Divorces: Why it might be the best thing you can do for yourself

We’ve all heard the nightmare stories about divorces that have been dragged through court for years, with thousands of dollars spent, tens of hours of your life consumed in litigation and the use of expert witnesses, CPA’s, therapists, counsellors, witnesses and hours of testimony. There are not doubt marital dissolutions that are so complex that unfortunately they require these kind of resources. However, I am always surprised by how divorces that are not complex and that can be resolved in a fairly amicable manner are dragged through the litigation process in a process that is similar to extracting water from a stone.

What is an Uncontested Divorce?

When I say “uncontested,” I generally mean that the parties agree on (the majority) of the terms of the divorce. Couples hardly agree on every single term of the divorce, but the question you have to ask yourself is, “Is the one issue that I disagree about worth a fight in court that consumes hours of my life and will costs thousands in attorney fees?”  The better approach might be to reach a compromise.  Keep in mind, there is no win or lose in a family law case. This is about what’s doing best for yourself, the children (if there any) and moving on with your life.

Here are some tips to figure out whether you can have an uncontested divorce to make your dissolution a lot easier on your self.

Do You Agree On the Terms of your Divorce?

If you have children, property, assets and debts, then there is usually more room to disagree. However, if you do not have children and there is no property or assets, then chances are you agree on most of terms. So the first step to assessing whether you can proceed on an uncontested divorce is whether you feel you agree to most of the terms of the dissolution. There is where speaking to an attorney or hiring an attorney to advise you on your rights is instrumental. A good family law attorney can advise you on whether there are rights you are giving up in your dissolution. From there, you can assess whether it is worth fighting over

How to Choose the Right Attorney:

Attorneys come from all backgrounds and bring different styles and practices in how they handle their cases. I strongly advise that you find an attorney who works to resolve your case with as little conflict as possible and always approaches your case with a cost benefit analysis. In other words, is it worth it to take a litigious course of action to get what you want? In some cases it is. This is where an attorney that is good in court can really help your case. However, in a lot of instances it is more advantageous to both parties to reach an agreement out of court, or in court. Litigation is not always the key and the attorney you choose should boast an impressive settlement record in addition to being comfortable in court.

Feel free to give my office a call to discuss your case.  I will be happy to discuss how to effectively resolve the issues in your case.