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Straight Talk Legal Advice. Learn Your Options.
Serving Knoxville Since 1994
Flexible Appointments Upon Request
Discounts For Military Members
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The good and the bad of an uncontested divorce

On Behalf of | Jun 23, 2017 | blog | 0 comments

Not all couples want to fight out their divorces in front of a judge. If you can negotiate a settlement with your spouse to which you both agree, the state of Tennessee may allow you to file an uncontested divorce.

Some may be wondering if going this route is really wise. It certainly does have its benefits. But it can also have its drawbacks if one is not careful. So, what are some of the good and bad things that can come with filing an uncontested divorce?

The good

There is actually a lot of good that comes from choosing this divorce option. First, it can grant a couple more privacy. When a couple fights out a divorce in a courtroom, it can become public record. By working on an uncontested divorce, you can keep the details of your settlement between you, your ex, your attorneys and the judge who signs your divorce decree.

Second, it can save time. If you and your spouse can talk things through and are willing to negotiate, you can come to agreeable terms far more quickly than it takes to get through a traditional divorce. This, in turn, leads to the third benefit — saving money. You can save a great deal of money in court costs, mediation fees and attorney fees by negotiating your own agreement.

The bad

Some couples choose an uncontested divorce just to get things over with faster so that they can move forward. Taking this kind of attitude can be a bad thing in the fact that one spouse may end up getting the short end of the stick — so to speak. The final settlement that comes out of an uncontested divorce should be fair and balanced with the interests of both parties protected. This does not always happen, however.

If going through an uncontested divorce that involves children, the state requires parents to endure a 90-day waiting period before approving the dissolution. The couple will also have to attend parenting classes and submit a parenting plan to the court for approval. For some, this may be a drawback.

Seek guidance

Divorce, even if it is uncontested, can be a difficult process. It is not something through which you have to go alone. An experienced attorney can review your agreement before you file it in court, in order to ensure that it sits in line with state laws and truly serves the interests of your children — if applicable — and your post-divorce interests as well.