Most people view divorce as a mandatory fight where the courts must be actively involved. However, another option exists for parties who want a divorce but not a fight.
When a couple is able to discuss their situation in a civil manner and is able to reach settlement terms without the need for formal negotiations or court intervention, an uncontested divorce is often the best, quickest and least costly option. It is an appropriate option when both you and your spouse want to get divorced or your spouse fails to appear in Court for the divorce action.
In an uncontested divorce, one attorney serves as the drafter of the legal documents, including divorce papers and an agreement between the parties called a Stipulation of Settlement, required for submission to the court for the granting of a divorce judgment. In an uncontested divorce, the parties rarely need to go to court, as the divorce is based solely upon documents signed by the couple, reflecting the terms of their agreement to part ways.
Ultimately, an uncontested divorce is much more private and discreet. The process is usually civil, without great financial or emotional cost and often leaves the parties able to move on with their lives with a respect for one another rather than feelings of anger and hurt. Couples who go through an uncontested divorce find the process less confrontational, less scary and note that it is much better for their children than a bitterly contested divorce. The attorney’s role is to facilitate the divorce based upon the terms to which the parties agree and to process the papers as simply and painlessly as possible.
When you have marital property and children together, you and your spouse will have to reach an agreement on important financial and parenting issues including:
- Custody and support of your children
- Division of your finances
- Division of your property after the divorce
- Division of your marital home and assets
- Spousal support
At Berger, Fischoff, Shumer, Wexler & Goodman, LLP, our experience with uncontested divorce proceedings assures you that the process will be handled properly, the first time, and with the attention and compassion to which every client is entitled. We have over 75 years of combined experience and a dedicated family law and divorce team available to assist you.
It should be noted that in no case can one attorney represent both spouses.
Please contact us for a free consultation to discuss how Berger, Fischoff, Shumer, Wexler & Goodman, LLP can help you process an uncontested divorce.