You should reach out to Marshall & Taylor PLLC immediately if you’re considering filing for divorce or have already started legal proceedings. Even though an uncontested divorce means neither party disputes the terms of the divorce and agrees to an amicable process, issues could arise and present various challenges.
You could struggle to settle the matter of property division or child custody arrangements. Maybe one of you disagrees about keeping a specific asset or residing in the family home. Despite wanting to walk away from the marriage without involving the courts, you want to do what’s necessary to protect your rights and meet your goals.
It can be overwhelming to make the difficult decision to end a marriage. Divorce can be an emotional process and cause a great deal of pain. It can also lead to financial and legal burdens you might not have been prepared to face. At Marshall & Taylor PLLC, our Pittsboro uncontested divorce attorneys understand the complexities of finalizing a divorce. We can represent you in your case and provide the guidance you need to get through this stressful experience.
For a confidential consultation and to learn more about the available options and what the Pittsboro family law attorneys of Marshall & Taylor PLLC can do to help, call us at (919) 833-1040 now or reach out to us online.
What Is an Uncontested Divorce?
An uncontested divorce involves an amicable resolution of various matters, such as property division, child custody, child visitation, and spousal support. A contested divorce is the opposite, meaning the parties disagree on certain issues and a judge must step in and resolve the disputes.
It’s crucial to remember that an uncontested divorce is still a divorce. Even though you believe you and your spouse have agreed to specific arrangements, the situation could change at any moment. Your spouse might decide they’re unhappy with the decisions made regarding child support. They could decide they want to go to court and let a judge decide what’s best.
Legal proceedings during divorce can become emotionally charged for every party involved. Divorce affects not only you and your partner but also your children and family. It can seem like an impossible task to come to some sort of resolution. You shouldn’t attempt to handle this alone. Marshall & Taylor PLLC can create a legal strategy to meet your needs and try to prevent the disagreement from turning into a courtroom battle.
Benefits of Filing for an Uncontested Divorce
A contested divorce can cost you a lot of money in court costs and legal fees. It also takes up a significant amount of time, requiring you to file paperwork and appear in front of a judge to resolve the disputes you and your spouse face. Judges typically use their discretion to resolve matters involving divorce, meaning you have no control over their decisions. If you involve the court, you could walk away from the marriage without the property you want or without custody of your children.
If you pursue an uncontested divorce, you could avoid the stress and frustration that comes with legal proceedings during a contested divorce. Some benefits of an uncontested divorce include:
- Less stress – Although divorce causes stress, even if you can reach an amicable arrangement, it’s less stressful when you don’t have to face your spouse in court. You save time and money, which means you don’t have to worry about the expenses you incur while going through an extended in-court divorce process.
- Time-saving procedure – Handling the issues you’re up against outside of court can save you a lot of time. Instead of spending hours in mediation, with your lawyer, and in court, you can resolve everything with your spouse and move forward with your life.
- Protected information – When one spouse sues the other during divorce, the legal documents become a matter of public record. That means anyone could search online for sensitive information, such as the assets you own or where you live. If you pursue an uncontested divorce, you can keep these details private.
- Less money – Many people don’t understand the cost of litigation. It can be expensive and cause financial struggles. Settling issues during an uncontested divorce means you don’t have to pay various court costs, filing fees, and other expenses required during contested divorces.
Dealing with the ramifications of disputes arising during divorce can interfere with your life. It would be beneficial to file an uncontested divorce to avoid the stress of going to court to settle legal matters.
Process for Filing an Uncontested Divorce
You should consider whether you meet the requirements of divorce below before proceeding with filing:
- You and your spouse have not lived under the same roof for at least twelve months consecutively
- At least one of you resided in the state for at least six months
Typically, divorce proceedings in North Carolina involve the steps below.
You must meet with your spouse and both your attorneys to discuss your goals for the uncontested divorce. You should outline what you hope to take away from the marriage and any needs you want to be met. This procedure can include:
- Determining all debts owed
- Listing the property each party has, such as motor vehicles, real estate, savings accounts, and retirement plans
- Asking questions about the process and what each person should do during legal proceedings
- Indicating any family heirlooms or other items you want to keep upon finalizing the divorce
Draft a Separation Agreement
Your lawyer and your spouse’s lawyer can work on a separation agreement to define the terms of the divorce, such as:
- How to divide assets and debts
- Who can keep any motor vehicles owned or leased, and who will be responsible for the payments
- Which person can remain in the marital home while settling legal matters, and once the divorce is final
- Whether you or your spouse will pay for property taxes and the mortgage on the marital home
Matters Involving Children
If you have kids, you must have critical conversations about:
- Child custody
- Child support
- Visitation rights
Sign All Necessary Documents
After you and your spouse review the terms of the divorce, you should sign the paperwork if you agree to everything. You must sign the documents in front of a notary public for them to be valid.
Finalize Divorce Proceedings
Your attorney can file the petition for divorce and additional documents on your behalf with the court. You don’t have to attend a court hearing to finalize your divorce. However, a judge must review everything and enter an order.
Whether you have already filed for an uncontested divorce or need assistance with starting the process, contact Marshall & Taylor PLLC. One of our Pittsboro uncontested divorce attorneys can meet with you to discuss your case. You can depend on us to fight for you during legal proceedings to try to reach your desired outcome.
Call us today at (919) 833-1040 for a confidential consultation.