Uncontested divorce attorneys ensure the process is fast, easy and much more affordable as compared to a contested one. The main points of contention usually include a division of the community and marital assets and debt, alimony and child support payments, and child custody. If there is no disagreement on any of these issues, most family court judges will have no problem in granting the petition immediately.

In almost all divorces, it is better for both spouses if it is not contested. However, some situations make this very hard, if not impossible. One such example is if the petition involves accusations of domestic violence and other forms of abuse. Negotiations in such cases are hard because the couple won’t be speaking to each other or meeting in person. This may also happen if one spouse decides negotiations are hopeless because the other one is asking for too much or not willing to give anything.

Most aspects of divorces that are not contested are a mere formality, but it is still a hard to reverse legal process where a mistake can be catastrophically expensive. The point is that one lawyer can represent only one of the two spouses. Even when both parties want the same thing, it would be a conflict of interest for the same lawyer to represent both.

The spouse that has filed the petition seeking divorce is the plaintiff. Only this party is now represented by the lawyer, while the other one has to decide what to do. The choice is between getting another lawyer or trusting the other spouse to handle everything and just sign off on the papers.

In a contested case, when one party files a petition, the other side can do the same and file a separate petition asking the court to reject the request for divorce, or seek different terms to end the marriage. The lawyers for each party present their individual cases at the same hearing and argue against the opposing petition. The judge then has to evaluate the evidence and decide which one to grant.

None of this legal wrangling is needed if the two parties have agreed on the terms before filing a single petition. There will be no hearings needed, and all that has to be done is to submit the paperwork to the court. The terms agreed to may sometimes be subject to state and federal laws and regulations.

For instance, if both parties have agreed to a division of assets and debts, the judge will sign off on it irrespective of the state law. However, when it comes to child support and alimony, there may be minimum amounts involved. This holds true even if the recipient has agreed to an amount below that.

Uncontested divorce attorneys will ensure a single petition follows all the rules and is quickly approved. Having a separate lawyer for each spouse makes it even more airtight, since it ensures the petition doesn’t trample on the rights of either party. It helps that the total cost of both lawyers is only a tiny amount as compared to the cost each side would have to pay for a contested petition.

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