What Does It Mean to Have a No Contest Divorce?

People have been touting the statistic that "half of all marriages end in divorce" for far too long.

Although this statement used to be true, newer couples are not getting divorced quite as often. According to information from the National Center for Health Statistics, there were over 2 million marriages in the United States in 2019. However, there were only approximately 746,000 divorce cases filed in the majority of the country for the same period.

Although divorce cases are no longer as common as previously thought, they still happen. People still get hurt and there is still a lot of animosities.

Not all divorces, however, end up in custody battles and similar events. There are also no contest divorces. Today, you'll learn if you're eligible for an uncontested divorce. You'll also discover why you should seek one in case you want to end your marriage.

When Are You Eligible for a No Contest Divorce?

Divorce can be a messy business, no matter your circumstances. Gay divorce lawyers face the same types of difficulties in their cases as their counterparts who handle straight marriages.

Not every divorce, however, has to be particularly difficult or grueling for everyone involved. Occasionally, married partners can talk each other into agreeing to what's called a no contest divorce. This is an arrangement in which both parties agree to the terms of a divorce without pushing back.

If you're interested in getting an uncontested divorce, here are the factors that determine your eligibility:

No Property Dispute

If you want your divorce to go smoothly, you and your spouse must not be arguing over who gets any property. This includes large property parcels, such as the mansion you share and small but personal things like a silverware collection or a painting.

You must agree from the beginning who gets which items if you want to file a no contest divorce.

No Financial Arguments

Financial payments are a little tricky to tackle in a no contest divorce. These obligations usually include complicated expenses, such as child custody payments and alimony.

An uncontested divorce cannot proceed if one or both parties are arguing over how much money one of them gets from the other. A prenuptial agreement can be one solution for making it easier to get a no contest divorce. Unless the agreement covers all the bases, though, it is by no means a sure thing.

No Children in the Crossfire

Who gets to take care of the children is another particularly sore topic that could upturn any chance of securing a no contest divorce.

If one parent thinks that the other is not fit to provide their children with a supportive home, you may be looking at a long custody battle that can last years. Even when parents agree on who can be the primary guardian of their children, determining things, such as how long the other parent can take care of them, can complicate matters further.

Given this, it could be much easier for childless couples to secure no contest divorces simply because they don't have to face this aspect of married life.

You Both Agree to the Divorce

Both parties should agree that divorce is the right call, whether because of someone's abrasive personality or some other reason like irreconcilable differences.

Any form of divorce cannot proceed if you or your partner refuses to sign the papers. Sometimes, couples go through counseling or divorce mediation. These steps can help reconcile the couple. They can also be an excellent method for preparing the way to a no contest divorce.

Why Are No Contest Divorces Better?

This option is generally easier to end your marriage if both parties aren't in disagreement with any of their obligations and responsibilities. An uncontested divorce, for starters, might mean that you and your partner are splitting up amicably. This can reduce the amount of emotional trauma and damage that both of you experience.
This divorce option can also mean that the entire process is easier on your children, as they won't have to choose sides.
You can also expect the paperwork for a no contest divorce to undergo processing much faster. Given that there is no need to schedule court dates or meetings with judges, you can expect this divorce to be resolved in months rather than years. The accelerated timeframe also ensures that you don't have to spend as much money on lawyers and other divorce-related services.

Securing an uncontested divorce is beneficial to all parties. This, however, is only true if both you and your partner think that you are receiving a fair share of what is due to you.

Think carefully before you agree to this kind of divorce. Assess your finances and discuss your divorce with a legal professional.

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Posted - 09/23/2021