Potomac, MD Attorneys for Uncontested Divorce

If you are parting ways with your spouse, there is an easier way to end your marriage than going through the litigation process. An uncontested divorce can allow you to save time and money, and reduce the emotional stress that often comes with divorce. The uncontested divorce attorney team at Strickler, Platnick & Hatfield, P.C. can assist you with understanding your legal options and determining whether this type of divorce is right for your situation. Offering committed counsel to clients facing divorce in Maryland, we are dedicated to helping you achieve an efficient resolution and a positive outcome in your case.

What is an Uncontested Divorce?

An uncontested divorce is a streamlined divorce process where both spouses agree on all the major issues that must be determined in order to legally terminate the marriage. Even if your divorce begins as a contested matter, you may be able to negotiate a settlement, resolve your case with mediation, or use the collaborative process. Settling the issues that must be resolved can allow you to shift your divorce to an uncontested status and avoid the need for a trial.

In an uncontested divorce, spouses must resolve the following issues before a judge will sign the final decree:

• Property division
• Debt allocation
• Child custody
• Child support
• Spousal support/alimony

If any of the above issues cannot be decided between the spouses, the divorce will be deemed contested and a judge will be required to resolve them. At Strickler, Platnick & Hatfield, our uncontested divorce attorney team can evaluate whether it’s in your best interest to move forward uncontested. If your divorce is on the contested track, we can work to negotiate an agreement with your spouse’s attorney to help ensure a fair result is reached, rather than leave the outcome of your case up to a judge to determine.

Mutual Consent Divorce

A mutual consent divorce can offer an even more efficient way to legally end a marriage. With this form of uncontested divorce, spouses enter into a settlement agreement resolving the issues that must be determined before filing for divorce. After filing the initial divorce paperwork, along with your marital settlement agreement, the court will schedule a hearing within 45 days.

In order for the judge to issue the final decree, neither spouse can have revoked their consent between the time the paperwork was signed and the hearing. In such instances, the petitioning spouse would not be able to proceed with a mutual consent divorce. They would be required to pursue the divorce on other grounds, such as irreconcilable differences.

Benefits of an Uncontested Divorce

Divorce is never easy, but proceeding uncontested can offer significant emotional, financial, and legal benefits. An uncontested divorce can empower spouses to decide the issues that will impact them for years to come. Some of the other advantages that can come with an uncontested divorce include the following:

• Cost-effectiveness: An uncontested divorce can often result in lower legal fees and court costs since there is no need for lengthy litigation.
• Efficiency: An uncontested divorce can be finalized much faster than a contested matter, which could take months or even years, depending on the issues in the case.
• Amicability: When spouses are able to negotiate a settlement between themselves, they can part ways more amicably. This can be particularly important when a couple shares children and will be co-parenting.
• Flexibility: Spouses can create their own agreements on child custody, support, and property division, rather than be required to adhere to a rigid court order.
• Control: With an uncontested divorce, spouses can control the timeline and the results of their case.
• Predictability: Since spouses create their own agreements, they know what the outcome will be and can eliminate the uncertainty of trial.

In addition, since an uncontested divorce reduces conflict, it is often better for your children. Notably, children may experience less emotional trauma in divorce by watching their parents resolve their disputes peacefully and respectfully. While an uncontested divorce can also shorten the amount of time it takes to divorce, your children would not be subjected to prolonged conflict and protracted litigation.

Is an Uncontested Divorce Right for My Case?

The facts and circumstances of every divorce are unique. In many cases, an uncontested divorce can allow spouses to move forward with their case faster, and without incurring the significant financial burden that can come with litigation. However, proceeding uncontested may not be right in every case. An uncontested divorce typically isn’t the best option if domestic violence is an issue, there are complex custody matters, or a spouse may be concealing assets. In situations where there is a power imbalance, lack of transparency, or a history of manipulation, litigation can provide crucial legal protections for the victim spouse.

The uncontested divorce attorney team at Strickler, Platnick & Hatfield will assess your specific circumstances and protect your interests every step of the way. Whether your case is appropriate for the uncontested track or requires litigation, we will offer you the counsel, knowledge, and peace of mind you need as you move forward to the next chapter in your life.