Average Cost of an Uncontested Divorce – What You Need to Know
Divorce is never an easy decision, but sometimes it is the best option for both parties involved. If you and your spouse have made the difficult personal decision to end your marriage and are in agreement on all major issues, an uncontested divorce may be the right choice for you. In this article, we will discuss the average cost of an uncontested divorce and what it entails, so you can make informed decisions.
What is an Uncontested Divorce?
An uncontested divorce is a type of divorce where both parties agree on all major issues, such as child custody, spousal support, and division of assets. This means that there is no need for a trial or court intervention, and the divorce can be finalized relatively quickly, dependent upon state law, and much more easily.
On the other hand, a contested divorce is when the parties cannot agree on one or more major issues, and the case must either be negotiated, mediated or litigated, all of which are expensive and frustrating. These can also be lengthy processes. Both parties will likely need lawyers.
Average Cost of an Uncontested Divorce
The cost of an uncontested divorce can vary depending on several factors, such as the complexity of the case, the location of the parties, and whether or not they hire lawyers. According to recent studies, the national average cost of an uncontested divorce is around $1,500.
However, it is important to note that this is just an average, and your actual cost may be higher or lower depending on your location and specific circumstances. For example, if you have a lot of assets to divide or complex child custody arrangements, your cost may be higher.
What Does an Uncontested Divorce Entail?
The process of an uncontested divorce typically involves the following steps:
Step 1: Filing the Petition
The first step in an uncontested divorce is to file a petition with the court. This document outlines the grounds for the divorce and the major issues that exist between parties.
Step 2: Serving the Petition
Once the petition has been filed, it must be served on the other party. This can be done by mail or in person, depending on the rules of your state.
Step 3: Waiting Period
Most states have a waiting period before a divorce can be finalized. This gives both parties time to consider their decision and make any necessary changes to the agreement.
Step 4: Finalizing the Divorce
Once the waiting period has passed, the divorce can be finalized. This typically involves signing a final agreement and submitting it to the court for approval.
Frequently Asked Questions
What is the difference between an uncontested and contested divorce?
An uncontested divorce is when both parties agree on all major issues, while a contested divorce is when they cannot agree and the case must either be negotiated, mediated or litigates.
How much does an uncontested divorce cost on average?
The national average cost of an uncontested divorce is around $1,500, but your actual cost may be higher or lower depending on your location and specific circumstances.
What factors affect the cost of an uncontested divorce?
The complexity of the case, the location of the parties, and whether or not they hire lawyers can all affect the cost of an uncontested divorce.
How long does it take to complete an uncontested divorce?
The length of time it takes to complete an uncontested divorce can vary depending on the state and the specific circumstances of the case. However, it is typically faster than a contested divorce.
Can I file for an uncontested divorce without a lawyer?
While it is possible to file for an uncontested divorce without a lawyer, it is recommended that you seek legal advice to ensure that your rights are protected and the agreement is fair. Many people do not realize the extent of the issues involved in even an uncontested divorce.
What happens if my spouse contests the divorce?
If your spouse contests the divorce both parties would be strongly advised to hire lawyers. The case would proceed to be negotiated by the lawyers, mediated or litigated in court at great expense.
What if we have children or shared assets?
If you have children or shared assets, you will need to include provisions for these issues in your agreement. This may require the assistance of a lawyer or mediator.
Benefits of an Uncontested Divorce
There are several benefits to choosing an uncontested divorce over a contested one:
Cost savings compared to a contested divorce
Since there is no need for a trial or court intervention, the cost of an uncontested divorce is typically much lower than a contested one.
Less stress and conflict for both parties
By agreeing on all major issues, both parties can avoid the stress and conflict that often comes with a contested divorce.
Faster resolution and closure
An uncontested divorce can be finalized relatively quickly, allowing both parties to move on with their lives and find closure.
Conclusion
Divorce is never an easy decision, but an uncontested divorce can make the process much smoother and less stressful. By knowing the average cost and process of an uncontested divorce, you can make informed decisions and ensure that your rights are protected. If you are considering an uncontested divorce, it is recommended that you seek legal advice to ensure that the agreement is fair and legally binding.
Hiring your local 1-800-DIVORCE lawyer ensures that you have an experienced cost-effective lawyer who knows that s/he must do a good job for you in order to get your future referrals through 1-800-DIVORCE. Call 1-800-DIVORCE today.