What is an Uncontested Divorce?
You and your spouse have decided to have an “amicable” divorce. Now its time to find out the real definition of an uncontested divorce. Surprisingly, you may find out that the term “uncontested” has different meanings to different people. Many people think that the term just means that neither party is going to contest the actual idea of dissolving the marriage and they don’t think of all the contingencies. In order for a divorce to be clearly uncontested the parties must agree on ALL terms which need to be agreed upon. The problem is most people do not know what terms need to be agreed upon unless they consult with a divorce lawyer to learn about their rights and responsibilities for their particular situation.
….so for those of you who are doing your own divorce, do yourself a favor and seek advice from a divorce attorney before coming to any agreements. You will find out that there are several areas that you did not think about that need to be addressed. If you don’t address them in your agreement, then you lose the right to ever address them again. For example, if you forget to negotiate a division of your spouse’s 401 (K) because you didn’t know that you were entitled to it, you can never go back and claim it in the future.
An experienced divorce attorney Tampa will give you advice on what you should ask for from your spouse. If you and your spouse cannot agree on ALL terms, then your divorce is not uncontested and you may have to retain the services of a lawyer to help negotiate those terms. Just because you have to hire a lawyer does not mean your case will stay contested. An experienced attorney who is motivated to settle your case should be able to negotiate a complete marital settlement agreement which both parties can “sign off” on saving thousands of dollars and many hours of court time.
Marina Taylor is a divorce attorney in the Brandon/Riverview area and can help you negotiate your own settlement agreement or negotiate on your behalf.