An uncontested divorce can sound appealing: no trial, a faster resolution, and less conflict. While an uncontested divorce may be a good answer in some divorces, it’s important to understand the possible pitfalls before you agree to one.
– Discrepancies in agreements. You might think you are agreeing to one thing while your spouse has other ideas. When you waive your right to appear in the divorce, the court hears only one voice, that of your spouse. To ensure your uncontested divorce fits your needs, it is best to work out a written settlement document instead of simply not appearing.
– Spur of the moment decisions. You are likely anxious to get your divorce behind you and because of this you may be willing to agree to things that aren’t exactly what you want. Giving in here and there on financial issues can amount to a huge overall hit for you monetarily. It’s best to work out a fully fleshed out settlement that states all of your financial agreements clearly so that you can understand all of the implications.
– Lack of discovery. One of the most important parts of the contested divorce process is discovery. Your attorney obtains all of the financial records from your divorce, as well as any concerning your spouse’s separate property. If you do not go through this process, it is very easy for your spouse to hide assets from you. It is also possible that there could be debts with your name on them that you are not aware of. A thorough discovery process ensures that complete information is available.
It is always a good idea to carefully review your case with your attorney before making any decisions about how to proceed.
At DeTorres & DeGeorge your future is our focus. Our experienced matrimonial attorneys are ready to discuss your case in Califon, New Jersey and the surrounding areas. Call us today at 908-284-6005 to schedule an appointment