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Pros and cons of an uncontested divorce for property division


For Minnesota couples who decide to divorce but are still on friendly terms, an uncontested divorce may be ideal. All divorces start out the same - by filing the appropriate paperwork - but an uncontested divorce will typically run much smoother because both parties will be more apt to negotiate on the bigger issues, such as child custody, alimony and even who gets the marital home. However, it's not right for everyone. Find out the advantages and disadvantages of an uncontested divorce.

An uncontested divorce is typically much cheaper because there is no need for the divorce to go to trial. If the parties agree on everything outside of the courtroom, there's no need for a nasty court battle. This saves not only money, but time as well. Without all the lengthy legal proceedings, couples can quickly get on with their lives. Another thing to consider is if the divorce does not go to trial, everything is kept private, whereas all court proceedings are made public.

However uncontested divorce does not work for everyone. In cases where there are complex assets involved, there could very well be some disagreements. It is not always common to see a high-asset divorce resolve itself without a trial. Plus, in many cases, uncontested divorce is not always available for those with children. This is because child custody and support issues can be complicated to resolve outside of court. In many cases, property division modifications are hard to get after the divorce is finalized, so it's important to make the right decisions and carefully think them over.

From alimony to child support to property division, a divorce involves many complex issues. It's not always the best idea to resolve all of these on your own. It's wise to discuss your situation with a qualified divorce attorney who can help you.

Source: FindLaw, "Uncontested Divorce," accessed Jan. 11, 2015

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