Divorce is always a difficult issue, but it can be a lot easier for both parties if it is uncontested, says bankruptcy attorney Benjamin Ginter, who runs the Law Offices of Benjamin J. Ginter in Cranford, New Jersey. Here, he discusses how an uncontested divorce, where all disputes are settled outside the courtroom, can be the way to go.
An uncontested divorce is also called a simple divorce, for good reason. It happens when the two parties involved are able to agree on a variety of issues, and it can make the whole divorce process smoother and easier.
It occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) your spouse either agrees to the divorce, or fails to appear in the divorce action.
Agreements
If you are going to enter into an agreement, it is important to have it writing. The following is a list of agreements that my firm can prepare for you to ensure that your best interests are protected:
- Prenuptial Agreements
- Leases for Residential and Commercial Property
- Buying and Selling Goods
- Borrowing and Lending Money
- Contract Clauses and Notices
- Releases
- Promissory Notes
- Wills/Living Wills
- Power of Attorney
Alimony or Pension Plan
The help of an attorney is also needed when one partner is asking either for alimony or a share of the partner’s pension plan. This can be a complicated process, and in some cases, it will turn out that the divorce is no longer uncontested.
If you cannot find your spouse, procedures are in place to make the divorce possible. Often this occurs when the two parties have been separated for long periods of time, and one party does not know where the other is residing. When this happens, consultation with a divorce lawyer is also recommended.
