So what is an Uncontested Divorce?
An Uncontested Divorce means that both Husband and Wife are in agreement about all aspects of a divorce, including, in particular, the following matters:
- Both parties agree that a divorce is necessary
- Both parties are willing to cooperate with one another
- Both parties agree on how all property should be divided
- Both parties agree on child, child support, and custody issues
- Both parties desire an alternative to typical, long, expensive divorces
In an Uncontested Divorce, the parties are free to choose their own destiny, without much interference from attorneys or the Court. While a Judge has ultimate discretion to accept or reject any of the terms of a divorce, typically a court will not question terms which both parties have agreed to, unless such terms are clearly unfair or unconscionable to one or both of the parties.
This means that in an Uncontested Divorce, the parties may choose if the parties are to have joint custody, or if one party will have sole custody; what the child support amount will be; how the property will be divided; and any other matters involved in the divorce.
The benefits of an Uncontested Divorce:
- Typically they costs less
- Typically they takes less time
- Typically no court appearance is required (if you hire an attorney)
What an Uncontested Divorce IS NOT:
- Where both parties agree on MOST of the issues, but have one or more disagreements that they can’t seem to compromise on.
- A divorce where one party refuses to cooperate, or cannot be found.
Also, understand that in an Uncontested Divorce, our firm can only represent ONE of the parties, usually the Petitioner. Attorneys typically will not represent both parties, because this would likely be a conflict of interest to represent both sides. This would be the equivalent of an attorney representing a Plaintiff whom is suing an insurance company, while also representing the insurance company. It would be impossible to serve both parties, and such representation would not be ethical.
If the above description sounds like your case, and your divorce is Uncontested, we do offer a free consultation. Call us today to answer your questions or to set an appointment.
Is an Uncontested Divorce something I can handle myself?
Do I need an attorney?
Certainly, if you are a legally oriented person, understand legal documents, and have a lot of time on your hands, you may be able to research, understand, and handle an uncontested divorce by yourself. Uncontested divorces can still be quite complicated, and even the most simple divorces require many forms that must be completed correctly, and these forms may affect your rights for a long, long time.
Please understand that, in our experience, attempting to do it yourself often times costs you more money, because:
- If you make a mistake, your case may be dismissed and you may lose your filing fee, and have to start over again and pay another filing fee
- If you make a mistake, a judge may require you to get an attorney; and it will almost always cost more to have an attorney clean up your mistake than to simply handle your case from the start
- Many forms you may get at the store, online, or by phone may actually cost almost as much, or cost more, than just hiring an attorney to do handle the divorce start to finish
- Many forms you get at the store, online, or by phone are simply the wrong forms and will be a waste of your time and money; and you end up having to hire an attorney to handle it anyway
We don’t recommend you try to handle this yourself. Many of our new Uncontested Divorce clients are those who tried to do it themselves, spent time and money on it, and failed. So if you are going to handle this yourself, be prepared!
I would like a divorce, but I have no idea where my spouse is. I haven’t talked to them for a long time, and we never officially divorced. What do I do?
A Divorce by Publication is an alternative to Uncontested Divorce. Rather than both parties cooperating, such as in an Uncontested Divorce, A Divorce by Publication is used when the person you are trying to divorce cannot be found or located. So, rather than have them sign papers, or serve them process, the party whom is petitioning for a divorce is required instead to insert a legal notice, in a local publication, multiple times, informing the public of the divorce. This type of divorce should only be used when you have made good faith attempts to find the person, and you simply cannot locate them. A Divorce by Publication >should not be used when you could locate the person, or you do know where they are, but simply do not want to talk to them.
Understand also that child custody issues and property division issues may not be decided in a Divorce by Publication.
The Piatchek Law Firm, LLC
1334 E. Kingsley, Suite C
Springfield, MO 65804
Ph: (417) 882-5858
Fax: (417) 882-5951
