In the US, couples approach a divorce with a limited understanding of the process. Most couples enter into the proceedings with hopes of achieving an uncontested divorce and getting what they want the most in the agreement. However, family law attorneys know all too well, that an uncontested divorce isn't always as easy as it seems.
What is an Uncontested Divorce?
An uncontested divorce is achieved when both parties agree to the exact terms of the divorce and don't require court intervention to finalize the case. The first step of achieving an uncontested divorce is open communication between the spouses. If the spouses cannot communicate without difficulties, their attorneys discuss the case and negotiate until a complete agreement is achieved.
What Elements Create Problems?
Child custody, marital property division, and spousal support are the most common elements that create problems. State laws define the requirements for each of these elements and how the case proceeds. For example, couples who are married at least ten years have access to pension plans, retirement savings, and spousal support. Some couples argue over these probabilities. New tax filing requirements detailed in the agreement introduce issues, too.
Ways to Find a Resolution
Mediation is an opportunity for couples who want to find a resolution and finalize their divorce without the court's involvement. The couple meets with their attorneys and discusses all issues that are preventing a final agreement. Mediation is the last attempt to achieve an uncontested divorce.
When Child Custody and Support is the Only Issue?
Some states allow the couple to finalize their divorce through a preliminary hearing and settle child custody through a separate hearing. In the cases, the judge reviews each parent and determines what party presents the most suitable living environment. Support payments are calculated according to the state standards and the total number of children produced during the marriage.
What Happens if a Trial is Necessary?
Couples who cannot achieve an uncontested divorce face a divorce trial. The size of the marital estate determines how long the trial continues. Unfortunately, some states allow the trials to range up to two years.
In the US, uncontested divorces require the couple to compromise and reach an amicable agreement. The divorce agreement must meet the current divorce laws and child custody requirements. If the couple fails to reach a complete agreement, a divorce trial is necessary to finalize the divorce. Couples who need answers about Divorce and Child Custody contact a divorce attorney right now.