Is An Agreed Divorce Right For You?
Most of our clients fear the divorce process. They may think the divorce will dissolve into nonstop arguments. They worry that they will walk away with nothing. If minor children are involved, their priority is the well-being of the children and living arrangements.
These concerns are understandable. However, divorce does not have to be a drawn-out, argumentative process. In an effort to minimize the conflict, length and cost of a divorce, many couples are at least exploring the option of an agreed divorce (uncontested divorce).
At Attorney Randy Mora, we can help you determine whether an agreed divorce is right for you. Recognized and award-winning divorce lawyer Randy Mora can walk you through the pros and cons of an agreed divorce. If an agreed divorce is appropriate, we can help you file paperwork and ensure you know your rights. If an agreed divorce is not right for you, Randy Mora is an attorney with thorough knowledge and ability in litigation, meaning we can find solutions through traditional divorce while still looking to reduce disagreement and cost.
What Is An Agreed Divorce?
An agreed divorce simply means that the parties to the divorce (you and your spouse) have agreed to all legal aspects of the divorce, such as the division of marital property, prior to filing any papers with the court. If unsolved legal issues remain, you cannot get an uncontested divorce.
The list below may help you determine if an uncontested divorce is appropriate for your situation. In some cases, particularly when one spouse is demanding an unfair division of assets, sole custody or is otherwise unwilling to make fair compromises, you must be able to defend your legal rights in court. However, for those looking for a more amicable split, particularly those trying to preserve a working family relationship, an uncontested divorce may be an option.
An agreed divorce may be right for you if:
- You agree on how to divide assets, child custody arrangements and all other legal issues
- You both want to minimize arguments
- You are looking to avoid court
- You have a good understanding of your legal rights
You will want to consider a contested divorce if:
- You cannot agree on every single issue in divorce (the most common reason for a contested divorce)
- You are going through a high-asset divorce, own a business or otherwise must navigate a complex division of assets
- Your spouse has a greater knowledge of your joint finances
- There has been physical, emotional or psychological abuse
Do Not Give Up Your Rights
It is important that you do not simply agree to an uncontested divorce in order to “get it over with” or because you are emotionally drained. A divorce is as much a legal matter as an emotional one, and your finances can be affected for many years after the divorce is final. Foregoing your rights can lead to significant hardship later on. And with us, you will have a lawyer to guide you throughout the process, helping you deal with all of the legal aspects of divorce.