Do I Need a Lawyer for an Uncontested Divorce?

Jun 20, 2023

Many people today are searching for an uncontested divorce lawyer to help finalize their divorce. Despite what you see in the news and movies, many divorces are finalized without requiring a long, public court battle, or rounds of negotiation.

An uncontested divorce is when both spouses agree on the division of property (assets and debts), parenting arrangements (if there are children), child/spousal support, and any other issue that arises during their separation. If there is fundamental agreement on these basics, the divorce can be finalized without needing to argue in court. An uncontested (otherwise known as “simple”) divorce typically takes 4 to  6 months to complete.

A contested divorce is, as the name suggests, the opposite. A contested divorce is where the two parties cannot agree on some or all of the issues arising from separation. This is fairly common. Sometimes the parties are so far apart on the issues, there is no way to resolve them except through the court system. Other times, issues can be discussed and resolved through family dispute resolution processes like negotiation or mediation. A contested divorce can take 6 months or more, depending on the number and complexity of the issues to be resolved.

If you wish to learn more, read our blog Contested vs Uncontested Divorce – What Can You Expect?

What are the Advantages of an Uncontested Divorce?

The advantages of an uncontested divorce are many. Uncontested divorces are typically quicker, less expensive, and less emotionally taxing than a contested divorce. You can even submit much of the divorce paperwork online. Uncontested divorces are typically easier on the couple divorcing, their families, and circles of friends.

Can an Uncontested Divorce Become Contested?

Yes. While you may agree on the general areas of your divorce, once papers are filed, your former spouse may choose to disagree with the stipulations of the documents, or wish to change aspects of the agreement. It may be possible to resolve the issues, revise the documents, and refile together. However, in most cases, contested issues required mediation, negotiation, or even an appearance in court for a final outcome.

Why Should I Hire an Uncontested Divorce Lawyer?

Uncontested divorce lawyers are family lawyers familiar with all aspects of family law, and who have experience with uncontested divorces. There are many reasons you should consider hiring an uncontested divorce lawyer, even for the most amicable of divorces:

1. Hiring an uncontested divorce lawyer can save you time. While the process to divorce may seem straightforward, there are many forms that need to be completed and filed correctly. Hiring an uncontested divorce lawyer to guide you through the process can save you countless hours.
2. Hiring an uncontested divorce lawyer can save you hassles. When couples agree to separate, typically they want to finalize their divorce quickly and move on with their lives. Navigating the court system can be confusing and frustrating if you don’t have experience with the ins and outs of the family court processes. An uncontested divorce lawyer can help make your divorce simpler, navigating you through the red tape, and helping reduce procedural delays.
3. An uncontested divorce lawyer can alert you to issues you may not have considered. Family lawyers have experience with divorce paperwork and proceedings. While you may believe you have covered everything in your divorce paperwork, an uncontested divorce lawyer can draw your attention to issues you haven’t considered, helping ensure you have discussed all aspects of your separation before you file.
4. Hiring an uncontested divorce lawyer can help protect your rights. Divorce is complicated, and the outcome not only affects your life going forward, but it also changes many of your legal rights. Whether you are dealing with issues of property division or support, you want to ensure your rights are protected, and you are not left open to problems down the road.
5. Hiring an uncontested divorce lawyer could save you money. Many uncontested divorce lawyers charge a flat fee for an uncontested divorce. Although this may seem like an added expense, their advice and expertise can save you money long term by making sure your papers are filed correctly, and all the steps are completed properly and on time.

Looking for a Lawyer?

The family lawyers at the Kelly D. Jordan Family Law Firm have decades of experience in all aspects of family law, including separation, divorce, parenting agreements, support, and cohabitation agreements. We offer a flat rate for an uncontested divorce. If you are interested in learning more, contact us at 416-849-5501, send us an email, or even start your divorce case online.

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