★ Uncontested Divorce
Divorces that don’t require court action are often referred to as uncontested divorces. The benefits of an uncontested divorce are many. Uncontested divorces are usually quicker. Uncontested divorces are usually less expensive. Uncontested divorces are usually less acrimonious. Notwithstanding, however, many people yearn for an uncontested divorce when, in reality, the case shouldn’t be considered an uncontested divorce.
It’s understandable why people want forego the expenses associated with a more litigated matter, however, many people wait for months and sometimes years hoping to achieve an uncontested divorce. While uncontested divorces are overall more productive, remember it takes two parties to reach an agreement. Thus, one side may desire to settle in an uncontested manner, however, without both parties working towards that end people usually waste time and money.
Here is how matters commonly play out. A person wants an uncontested divorce to save money. They spend the money to have the paperwork “drawn up” and submit it to the other side. Because the matter is uncontested there is no officially court action filed or started and nothing is compelling the other side to move quickly at resolving the dispute. The other side will continue to ask for changes in an effort to drag matters out. In the end, you spend more money and take more time than if you just filed and started litigation.
This isn’t to say that uncontested divorces don’t work, they do. The biggest analyzing factor, however, is whether both sides wish to resolve the matter in an uncontested fashion. Assuming a true uncontested situation exists, then the documents that are needed are as follows: a petition, a waiver of service, entry of appearance pro se, Marital Settlement Agreement and Final Decree. These documents can be found online, at the pro se office or through your attorney’s office.
While simple divorces and other matters can be resolved with an uncontested process, be aware of the fact that most uncontested pro se (meaning doing it on your own) documents do not include the big questions of what you need to be aware of. For example, most uncontested divorce documents fail to delineate who claims the child(ren) for tax purposes or an outline of how retirement accounts are divided.
Therefore, if you are considering an uncontested divorce take the time to consult with an attorney familiar with uncontested divorces so that you can ensure that your agreements and forms contain all of the necessary information. Contact the Justice Legal Group for more information on an uncontested divorce. You can reach us throughout New Mexico at 505-880-87378 or email us at info@JusticeLegalGroup.com.