No Contest Divorce





No Contest Divorce becomes important for most divorcing couples, so this is why you should learn about it before you get to court! What is an Uncontested Divorce? It's a divorce where both parties attempt to file for divorce without fault or blaming the other, even if there was fault. This works well for many couples, and you will soon understand why.

Typical scenarios with separating couples:

  • You and your ex realize that things aren't working in your marriage or partnership. One takes the step to leave or begins cheating, or begins acting otherwise unhealthy with finances, values, etc...It is rare that one can postpone gratification until being actually divorced. And the other partner will be in denial for a long time, possibly months.

  • You begin arguing, because now there is plenty to argue about! Or, you withdraw, so you don't have to argue. Or, you beg and plead with your spouse to work it out.

  • One of you feels like this is the worst scenario you've ever dealt with, and the other feels like they simply must get away from the marriage.

  • Both parties build resentment, distrust, and anger towards the other. both parties have needs, desires, and goals that each wants to be heard, understood, and accepted. It wasn't accepted in the marriage maybe, but now one party is saying that the relationship is over, and he/she wants the needs met.


Coming to Agreements

How can both parties meet their needs now that the marriage is ending? Why a no contest divorce could likely benefit you and your soon-to-be-ex spouse or partner:

  • If both partners continue to argue, it's bad for everyone, especially children. Mentally, divorce is draining, exhausting, and debilitating at times. Contesting a divorce is far worse mentally on both parties.

  • Financially, both parties stand a much greater chance of holding onto whatever finances each had. You don't believe it? If each person paid $20,000 in attorney's fees to go to court, only one party will essentially "win" the case. One spends $20,000 that could have gone into a college fund for the kids in order to win, and the other loses the $20,000, and must also find a way to make ends meet. Either way, $40,000 of the couple's money is gone to attorneys, when the decisions are generally choices the couple can make completely on their own.

  • It becomes easy for couples to hold onto the other one emotionally, by trying to manipulate who gets what, or how much time with children. Separating your debt, and getting a parenting plan in order can be very difficult and painstaking decisions.

  • If the partners are willing and able to come to agreements together, it both speeds up the process of divorce, and both parties can feel like they have contributed to the outcome. Hopefully, it will be an outcome both can live with and even thrive.


Cautions About Filing for a No Contest Divorce

  • Whether or not your case is complicated, you should consider using legal assistance along the way, because there are many things that could be considered an "oversight," that you may be entitled to.

  • An example might be an inheritance that you wish to keep for yourself to protect from your ex, large amounts of money, a coerced prenuptual agreement, pensions, large discrepancies in the amount of income of each party.

  • The vast majority of cases, fall into an uncontested category, because both parties, after living separately for a while, drain their bank accounts and have little leftover money to spend on attorneys. The no contest divorce, then, becomes the way to settle differences before the courts decide for the couple. Many couples can still have a say in their own divorce by using a no contest divorce.

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