Some people think that the term “uncontested divorce” means that if both parties agree that they should get a divorce, it is uncontested. This is far from accurate. An uncontested divorce is one in which the parties agree to the resolution of all issues related to the divorce, including, but not limited to: identifying and dividing community property and community debt (including retirement accounts and retirement benefits), disposition of the marital residence, spousal support/alimony, custody/timesharing of minor children, relocation, child support and any other particular issues unique to your family and circumstances.
Sometimes, a marriage reaches an amicable end. However, just because both parties agree to a divorce and are willing to negotiate the settlement doesn’t mean they won’t need a divorce attorney.
An uncontested divorce can still be complex, and having an attorney on your side who can help protect your interests and walk you through the divorce process will allow the separation to go as smoothly as possible. Cortez & Hoskovec, LLC has served Albuquerque since 1996 and can help you navigate the divorce process so you can move on with your life.
In an uncontested divorce, both parties agree to the divorce and its terms. One party will file a petition for divorce with the court, and the other agrees to the terms as laid out in the petition. Generally, this will occur after an informal discussion on behalf of the divorcing spouses. For example, the couple may decide ahead of time how property will be divided and detail this in the petition.
Many uncontested divorces are also “pro se,” or without an attorney. However, an attorney can be a valuable asset in even the most amicable of separations.
Even if a marriage is ending on good terms, it is a major transition in your life and is likely fraught with emotion. When emotions are running high, it can be difficult to see things clearly and rationally. The terms you agree upon today may not seem so fair in a few months when the dust has begun to settle.
Having an outsider look over the terms can help you to gain better perspective. And when that outsider is a divorce attorney with many years of experience, you gain peace of mind that you’re doing things right.
The attorneys at Cortez & Hoskovec can help you to finalize your uncontested divorce. Contact us today to schedule a consultation or learn more about your options.