The word “divorce” conjures images of dramatic courtroom scenes in the minds of most people, but that doesn’t mean that the only way to end your marriage involves an acrimonious battle in the courtroom. Hawaii allows spouses who want to dissolve their marriage to file an uncontested divorce.
Uncontested divorces typically do not involve allegations of fault on the part of either spouse. In fact, it is common for couples filing uncontested divorces to simply cite an irrevocable breakdown of the marital union as the cause for the filing.
For those trying to keep their divorce fast, affordable or private, an uncontested filing is an ideal solution. If you find yourself wondering about whether an uncontested divorce could be the right solution for you, knowing the three biggest benefits it offers can help you make a more informed decision.
You get to set your own terms
When you go to court for a litigated divorce, the primary objective is to convince a judge to issue a divorce decree whose terms closely align with your wishes and preferences. However, it is the judge, and not you or your attorney, who retains all of the major decision-making authority. It is a vulnerable position to be in, as you have no way of knowing exactly how the judge will split your assets or the custody of your children.
When you file an uncontested divorce, you provide the courts with the terms that you and your ex agree on prior to filing. That means that you get to set your own terms, giving you more control over the final outcome of your divorce.
You keep the costs as low as possible
In a contested divorce, both you and your ex will have an attorney present evidence and testimony to the courts to try to secure the outcome that you hope to achieve. It can become expensive, not just because you have to pay your attorney, but also because you have to pay for all of the court time you use.
When you file an uncontested divorce, you will still need to appear in court for hearings, but doing so will be a mere formality. The judge will ask you a few questions and review the documents before finalizing everything on your behalf. Clearly, an uncontested divorce minimizes both attorney and court costs.
You can move forward with your life sooner
If you go through a litigated divorce, the drama of the process can consume your life for many months. It can take quite some time to reach a point where you are ready to let go and move on with your life. You will also have substantial legal costs to consider.
Negotiating terms for an uncontested divorce can help you and your process any outstanding issues from your marriage and make it easier for you both to move on with your life.