Gregory S. Johnson, Attorney at Law
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Divorce when both parties already know what they want to do

You and your spouse have had a good run, but you have drifted apart and have decided that ending the marriage would be better for everyone. You know you do not want to fight things out in court. In fact, you have already decided how you want to split your property and divide time with your children. When you have everything pretty much worked out, do you have to go through the traditional divorce process?

Every year, there are numerous couples in Louisiana who choose to end their marriages without all the drama and hassle of dragging things out in court or mediation. They choose to file an uncontested divorce in order to get it over with quickly and quietly.

Who can file an uncontested divorce?

Any couple who is willing to sit down and talk about divorce terms openly and honestly may be able to file an uncontested divorce. You can also request this type of divorce if your spouse is unwilling to respond or take part in divorce proceedings.

What are the advantages and disadvantages of an uncontested divorce?

No dissolution process is perfect. They all have their issues. A couple just needs to choose the dissolution process that they believe will work best for them in both the short and long term. As far as advantages to the uncontested divorce process, a few of them are:

  • It typically costs less.
  • It generally takes less time.
  • It often involves less conflict.
  • It ensures privacy.

The main disadvantage associated with an uncontested divorce is that complex issues may not be handled as well as they could be. One party may try to take advantage of the situation, and this could lead to an unfair settlement in the end. Thankfully, you may avoid this by having legal counsel review any proposed settlement terms before signing anything and sending the divorce petition for court approval.

Going through the divorce process when you and your spouse already know how you want to divide assets, handle financial support and address child custody can make the whole process much smoother and drama free. Legal counsel can help you fine-tune your agreement and draw up the settlement papers for court approval. You and your spouse can complete an uncontested divorce in a short amount of time, allowing you to move on to the next chapter in your life much sooner.

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