The word divorce often conjures up images of feuding couples, nasty arguments, and long and drawn out court cases. Not all divorces are quite so tumultuous, however. If you live in the San Antonio area and are legally separating – but also happen to be on good terms with your spouse – you may want to consider what’s called an uncontested San Antonio divorce.
This article discusses the basics of what this terminology means, as well as whether it’s the right option for you.
What Is an Uncontested Divorce?
In an uncontested divorce, both spouses agree on the terms of the divorce, including the division of marital assets, child custody, child support and alimony. This eliminates the need for a lengthy court process, which is why uncontested divorces are quicker and more economical.
What Is the Difference Between a Contested and an Uncontested Divorce?
A contested divorce occurs when one or both parties cannot come to an agreement about the terms of the divorce. One person may want a higher alimony payment while the other wants sole custody of the children. Perhaps neither party is willing to move out of the family home. The list of sticking points is endless. And the only way to finalize the details of the divorce requires both parties to hire lawyers.
In contrast, uncontested San Antonio divorces rarely rely on a judge to determine parental responsibilities or the division of assets. Instead, you and your spouse cordially communicate regarding all matters, and both play a part in deciding the final details of your divorce agreement.
When Should I Consider an Uncontested Divorce?
Are you willing and able to calmly talk to your spouse about how assets will be divided, children will be cared for, and child support and/or alimony payments will be made? If so, an uncontested divorce may be the perfect option.
At Wilson Brown, PLLC, we always recommend that couples filing for divorce try to work out mutual terms for the separation first. Just keep in mind that division of assets and expenses will be a critical part of this discussion.
An uncontested San Antonio divorce generally results in less hostility and anger, which makes it easier for divorcing couples to move quickly through to the legal process. Avoiding a contentious and expensive contested divorce can restore some semblance of a relationship with your ex-spouse, which is extremely important if children are involved. If you believe you and your spouse can be cordial towards one another, then pursuing an uncontested divorce may be the best way to proceed.
What Will My Spouse and I Need to Agree On?
Several key issues will need to negotiate, regardless of whether it’s a contested or uncontested divorce. As you’re going through this process, it’s important that both parties work to overcome disagreements as they arise. When considering a divorce, you’ll need to discuss:
- Who will have custody of minors, and when
- Monthly child support amounts and/or alimony payments
- Division of assets, including physical property
- Outstanding debts
Do I Need a Lawyer for an Uncontested San Antonio Divorce?
The short answer is: “No.” This is contingent on your exact jurisdiction, however. In many states, you do not need legal counsel to initiate and finalize an uncontested divorce. We recommend hiring a lawyer to review the final agreement though.
The experienced divorce attorneys at Wilson Brown specialize in helping separated couples navigate the entire uncontested San Antonio divorces process. We have worked with many couples to help them to quickly reach a fair divorce agreement. For a free uncontested divorce consultation, give us a call today at 210-787-4637.