Here at Marks Law Firm, we believe that a divorce does not have to be a painful experience. When a couple is willing to communicate and compromise, an uncontested divorce can be a quick and easy option that can save you money. An uncontested divorce can actually strengthen relationships and build a great foundation for the future.
Contact us today at 515-276-7211 for a free consultation to get the process started!
An uncontested divorce is when a couple agrees on the six major parts of the divorce. These six parts include: the actual divorce, property distribution (assets and debts), child custody agreements, child support, child visitation, and spousal support (alimony). Oftentimes, only one attorney is hired for an uncontested divorce and the other party appears “pro se,” meaning that they do not have an attorney. There is nothing stopping both parties from from having their own attorney and sometimes this can be the best option depending on the case. Give our office a call at 515-276-7211 to see if an uncontested divorce is the right option for you.
An uncontested divorce can save you money in multiple ways. First, when a divorce is uncontested and both parties agree to the terms, you only need to hire one attorney rather than two, cutting your legal fees in half. Second, uncontested divorces do not include mediation which can become costly when paying for their time, reaching an agreement, and drafting paperwork. The costs of the formal mediation process add up quickly and those costs can be avoided through an uncontested divorce. Finally, you can save money by ensuring that mistakes are not going to be made when going through an attorney. Oftentimes when people choose to do a divorce by themselves or through an online software, small mistakes can be made that could cost thousands of dollars to fix later on. To ensure that your case is handled properly, give us a call at 515-276-7211 and we are happy to talk you through the process!
My spouse and I still disagree on some issues, will you take our case?
We are happy to sit down with you to discuss your concerns and determine if both parties can come to an agreement.
[If there are still contested issues that one or both parties would like to take to court, we will happily refer you to another attorney.]
Will you be representing both me and my spouse?
No. The ethical rules that govern lawyers say that we cannot represent both of you. This is to avoid potential conflicts of interest. Our office will only represent one party. We will happily work with both parties to determine the right options for your specific case and to decide who we will be representing. Oftentimes, one party will go unrepresented in an uncontested divorce, though sometimes it may be best for both parties to be represented depending on the case.
Can I get divorced more quickly with an uncontested divorce?
Generally, yes. Uncontested divorces go much quicker than contested divorces. An uncontested divorce will take anywhere from 90-120 days. A contested divorce can take anywhere from 9-12 months due to the need for additional paperwork and discovery, trial preparation and the court’s availability.
What are the benefits of an uncontested divorce?
There are many benefits to an uncontested divorce. For starters, consider the cost, time, control, and emotional toll. An uncontested divorce can help you save on expenses having to pay less fees due to less work needing to be done. You will save on time because you will not have to go through the necessary steps of a trial through the courts. You will have more control over your divorce because you will be mutually agreeing to the division of your assets and custody or visitation of your children. Most importantly, an uncontested divorce can save you and your family from the headaches and heartaches that often occur during a divorce trial.
What happens if we reconcile and no longer want to get divorced?
If you come to this decision before the judgement granting your divorce has been entered, we can submit the proper forms to dismiss the divorce. If you come to this decision after the judgment granting your divorce has been entered, then you are already legally divorced and will have to get remarried.
Will I have to go to court for my divorce?
Each divorce is unique but generally in an uncontested divorce you will never have to step foot in the courthouse. We actually enjoy going to court, it’s the parking that we hate!