Do I Want an Uncontested Divorce?

Divorce can be very expensive, emotionally and financially. It is not uncommon for soon to be ex-spouses to become embroiled in illogical battles over issues of relatively small financial significance. I have observed couples spending thousands of dollars dividing worn out furniture and used up garden tools they couldn’t sell at a yard sale.  If your divorce is headed in that expensive irrational emotional direction, you need to call me.

It is in your best interest to retain an advocate who will gather all the relevant facts and present a practical resolution. The only ones who come out ahead in a nasty contested drawn-out divorce are the attorneys.  Typically the biggest losers in such senseless warfare are the children. You may even discover that your closest friends are beginning to politely avoid you. I have observed this kind of destructive behavior dozens upon dozens of times.  Judges who endure sitting through this domestic bickering frequently enter binding orders that make both parties unhappy with their day in court.

Consider the value of an uncontested divorce. That does not mean you cave in or that you give up valuable concessions or that you “go along to get along”. It means you retain competent, calm, thorough legal assistance. There is not much that is original in divorce court. When all the evidence is clearly presented, the results are quite predictable.

An uncontested divorce does not mean you forgo gathering relevant documentation regarding assets, business income, credit card use, parenting skills, or any of the numerous other facts that should have a bearing on the final court order. A fair outcome depends on a thorough understanding of all the relevant facts.

If you and your spouse cannot come to a satisfactory agreement then you must subject yourselves to the mediation process.  A trained mediator (for a fee) will attempt to help you and your spouse arrive at an agreement on all issues. An agreement on all issues means you do not need to go to court. The mediator will employ settlement skills to help both of you arrive at an agreement. With the right attorney in your court, you should have high expectations that everything can be agreed to at mediation. If you cannot come to an agreement on all issues, a trial date will be set and the contest is presented to the judge.

If you find yourself in court about to present your case to the judge, I encourage you to make a reasonable well-designed request for an order from the judge. If your requests are appropriate and supported by clear evidence you and your attorney should be pleased with the outcome.

The likelihood of a successful uncontested divorce begins with retaining the assistance of a lawyer who has your long term interests uppermost in their mind.

It is a fair warning to point out that too often domestic violence arises because divorcing couples engage one another during this emotionally charged time.  Please consider retaining us to be your advocate. We can gather evidence and present your requests and protect you from being a party to domestic violence. We take pride in gathering relevant information and presenting a proposal that will serve our clients in both the short run and the long run.  Too often I have witnessed people make short term decisions that result in serious challenges in the years to come.

Retaining a law firm to help you through this experience does not need to be an extravagant expense. Failing to hire the right law firm can become an extravagant expense.

An important reminder is that an attorney is NOT allowed to represent both spouses in their uncontested divorce. We are advocates by oath and training. We are required to look after our client’s best interest.

We encourage individuals to explore the possibility of an uncontested divorce. Although it is not always possible, our goal is to help you save time, money, and unnecessary emotional pain.

Ken Carr

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