People often call a “No-Fault” divorce to be an uncontested divorce. But can there be an uncontested divorce, at all? Technically, No divorce can be called an uncontested divorce.
As a couple, who choose to seek a divorce, there are several issues on which they have to agree upon and make decisions. It is more often than not that a couple does not agree on one or more issues concerning their marriage, like property division, sharing marital property, spousal support including alimony, child support, child custody, and visitation rights, and other issues of co-parenting, etc. Therefore, there can not be any divorce, which one can say to be an uncontested divorce.
If all divorces are contested divorce, so to say, than what one means with an “uncontested divorce”.
An uncontested divorce is when a couple can negotiate and come up with a resolution in the form of a settlement agreement without going to court and undergoing a trial while seeking a divorce. Such divorces are based on a prior mutual settlement of all issues concerning the marriage between the disputing couple and are called “uncontested or mutual consent divorce”.
Contrary to this, if the couples are not on the same page. Where a couple could not negotiate a settlement and there is one or more significant issues, which could not be settled amongst them or they could not form an agreement and agree amongst themselves, this is a situation of a contested divorce.
There could be differences amongst a couple even for the fact, whether they should take a divorce at all? However, if one party does not want to remain in the marriage, a court, especially in the case of the wife, cannot force her to stay with her husband and continue to remain in the marriage. Since, in contested divorce cases, the irreparable marriage is still not a ground of divorce, but there is a tacit approval from courts recognizing the concept of irreparable marriage in cases of long separation with no chance of reconciliation. A No-Fault divorce or mutual consent divorce is the best option in such circumstances if both the parties agree to it.
Most uncontested divorce or mutual consent divorce are based on temperamental difference and/or incompatibility between the couple. There is no blame game, the couple only shows their intent not to remain together in the marriage.
CAN A COUPLE IN CONTESTED DIVORCE STILL REACH AN AGREEMENT TO MAKE IT UNCONTESTED OR MUTUAL CONSENT DIVORCE?
The answer is “Yes”. Sometimes, a divorce that started as a contested divorce, may before the trial could become a contested or mutual consent divorce. This happens due to the legal appraisal given by counsels to the disputing couples, which clarifies their misperceptions on legal rights and obligations and encourage them to negotiate their divorce. The parties often with a little help of legal Experts and Mediators can work out their disagreements in between and during the pendency of contested divorce cases.
A contested divorce needs to go through the entire trial and there is judicial adjudication of the marital dispute. But, when couples agree on all the issues relating to their marriage thereby conclusively and effectively terminating and ending the marriage, leaving nothing to consequences or unresolved. This is an uncontested or mutual consent divorce.
Indeed, there are benefits of uncontested or Mutual consent divorce but sometimes it is really difficult for the couple to agree on important matters including child custody. Almost in all divorces, the couples have some disagreements but these need to be resolved either way by court adjudication in a contested divorce or by uncontested or Mutual consent divorce.
It is never easy working with soon-to-be-your-ex for settling important issues, finding common grounds, and reaching an amicable resolution by making mutual decisions on Finances and child-related issues. A couple might require help from experts and most of the time, a Mediator’s help can do the trick to help a couple achieve an agreement paving the way for a mutual consent divorce.
It is always a better way to resolve and end your marriage then a full-blown court battle, which often branches out in multiple litigations and soon you find yourself entrenched into it completely with no outcome in sight.
Irrespective of your divorce to be contested or uncontested based on mutual consent, Legal Mind Ajit Kumar, can help you during this phase of major transition in your life. Even, if your divorce started as uncontested and mutual consent-based and you think you have settled the dispute, there are some times a feeling of resentment “a buyer’s remorse” in your spouse’s mind and things can change fast. The mutual consent, if missing during the process of mutual consent divorce will convert an uncontested divorce to a contested one. So, it is always better to be prepared for any such eventuality.
You can rely on us throughout the divorce process. We have over 20 years of experience helping disputing couples and their families through the divorce process. Contact us by calling or WhatsApp @ 9810522134 or email at legalmindajitkumar@gmail.com to get a virtual/physical appointment for a private consultation. Let’s Start a WhatsApp Chat.
0 Comments