When two people decide that they no longer wish to be married, filing for an uncontested divorce is always the most desirable option. Uncontested divorces are simpler, more straightforward, and less expensive because they are not as time-consuming. A few prevailing myths tend to come up about uncontested divorces when couples are looking at their filing options. Here is a look at some of the common myths associated with an uncontested divorce.
Myth: Uncontested divorces still require you to disclose who is at fault.
Fault is not normally something that has to be disclosed with divorce these days, but it can be wise to disclose what happened to your divorce attorney in any case. Uncontested divorce is simply stating that both parties are agreeing that they no longer want to be legally married, so it really doesn't matter who is at fault for the change or desire to change the marital situation. You do not have to explain on your paperwork what happened and why or who did what.
Myth: Uncontested divorce can only happen if you are splitting everything equally.
Couples do not always choose to split everything equally, even when they are going for an uncontested divorce. For example, if one partner chooses that they only want their personal belongings and their spouse can keep the rest, this is fine as long as the spouse agrees to those terms.
Myth: You can't file for an uncontested divorce if you have children together.
Even if you do have children, you can still file for an uncontested divorce. However, you do both have to agree as parents on the custody arrangements and how child support will be handled. Otherwise, the divorce cannot be deemed as uncontested. Disagreements about the custodianship of the children are treated as disagreements about how the marriage should end and how things should be handled.
Myth: You still have to go to divorce court if you are filing for an uncontested divorce.
When you are filing an uncontested divorce, you may not have to go to court or a hearing at all; it just depends on the laws in the state where you live. In some states, couples who are filing uncontested will simply fill out the necessary paperwork with the help of their attorneys, and the attorneys will file the paperwork with the court system. A judgment is then entered by the judge and the divorce can be completed.