All About Uncontested Divorces 

Not every divorce has to be a mess with arguments, frequent case stalls, and large legal bills due to the proceedings dragging on for months or even years. If you are able to work amicably with your spouse on an uncontested divorce, you have a real shot at having the smoothest divorce experience possible in your particular case. However, even if you expect a relatively uncontested divorce with no real issues, you should still consider working with an attorney experienced in divorce law in Albuquerque for the duration of your divorce. It is not uncommon for divorces to begin as uncontested but become contested as the divorce process continues.

Why Do Uncontested Divorces Work Well?

When the divorce is agreed upon by both spouses, it tends to be much less emotionally charged and less stressful. These types of divorces move faster and are less costly than contested cases, so you and your spouse can get along with your new lives sooner and on a firmer financial footing.

If you have children with your spouse, being able to come to agreements on the custody matters in your case will often spare your children the emotional stress and turmoil that comes with contested custody proceedings. Children thrive on stability, so when you are able to make plans with your spouse about your children’s new schedules in a smooth and speedier manner, it’s generally the best option for your kids.

How Do Uncontested Divorces Work?

As with any divorce, one spouse needs to file the initial paperwork in court. If your divorce is really uncontested, you and your spouse should have already largely decided how all the divorce issues will be handled, including custody, child and spousal support, and asset and debt division. Your attorney will assist you with all the legal paperwork necessary for your divorce and make sure it’s filed properly. 

The most important documents in your divorce are your marital settlement agreement and parenting plan, which essentially become court orders that cover all of the matters you and your spouse decided on in the divorce. A decree is filed that makes both agreements enforceable. Once you and your spouse agree to everything, the agreements and decree will be completed and an attorney will file it in court for the final approval. Once it is granted by the judge, you and your spouse are officially divorced.

It is important to note that you and your spouse are expected to abide by the terms of your agreements as they become court orders. If you find a term in your agreement is not working, you cannot simply stop abiding by it for that reason alone. At that point, you would need to see if modification is possible. Speak to an attorney if you feel as if your agreement may need to be modified to reflect your life as it is now. Even if all the terms worked at the time of your divorce, things change, especially when it comes to children. Those changes may be significant enough to warrant a modification of your original divorce terms.

Keep in mind that even if you and your spouse are getting along amicably now, there could be an issue that causes disagreements between you later. Even divorces that start out very peaceful and uncontested can take a sudden turn and become very contentious. For this reason, it’s wise to work with an attorney from the start of your case. They can answer your questions, explain all of your options and keep you informed as the process moves along. In addition, if your case does start to go down a road that you did not expect, you will have legal guidance that is immediately accessible to you.