What is Uncontested Divorce?
What is Uncontested Divorce? It is a legal process where the marriage is terminated by mutual agreement of the parties. In this type of divorce, the parties apply to the court by determining the issues they have agreed upon to end their marriage. In the uncontested divorce process, the parties must have reached an agreement on issues such as property division, alimony, and custody.
Uncontested Divorce Process
The uncontested divorce process is faster and less costly compared to other types of divorce. In the first step, the parties prepare a document called an uncontested divorce protocol. This document includes how the divorce decision was made and the agreements reached on issues such as property division, alimony, and custody. Then, the prepared protocol is submitted to the court, and after examining this protocol, the court issues the divorce decree.
The uncontested divorce process is usually completed in a short time after the parties apply to the court. The first step is for the parties to prepare an uncontested divorce protocol through a lawyer. All details and decisions regarding the divorce are written in this protocol. It is important for the parties to reach an agreement on issues such as assets, financial situation, child custody, and alimony when preparing the protocol.
Advantages of Uncontested Divorce
There are many advantages to uncontested divorce. These advantages are:
- Fast and Easy: The uncontested divorce process is faster and takes less time compared to other types of divorce.
- Less Costly: Lawyer fees and court costs may be lower in the uncontested divorce process.
- Less Stressful: Since there is an agreement between the parties, the divorce process is generally less stressful.
- More Conciliatory: The uncontested divorce process provides a more conciliatory environment between the parties and can help end relationships in a healthier way.
Legal Validity of Uncontested Divorce
The uncontested divorce protocol prepared within the scope of family law is examined by the court and gains legal validity if approved. The court examines the protocol to ensure that the rights of the parties are protected and the interests of the children are considered. After the protocol is approved, the court issues the divorce decree and the marriage union officially ends.
Consequences of Uncontested Divorce
As a result of uncontested divorce, the parties have certain rights and obligations related to the termination of the marriage union. These rights and obligations are determined according to the conditions specified in the prepared protocol. For example, according to the agreement reached on property division, the parties share their assets in a certain way. According to the agreement reached on alimony, one party may provide financial support to the other for a certain period.
Importance of Uncontested Divorce and Reasons for Preference
Uncontested divorce is a faster, less costly, and less stressful process compared to contested divorce. Since there is an agreement between the parties, legal uncertainties and struggles experienced in contested divorce can be avoided. Also, the uncontested divorce process can help better protect the interests of children and end relationships in a healthier way.
In conclusion, uncontested divorce can be a suitable option for parties wishing to end their marriage union. This process relies on the parties’ ability to compromise and agree, and generally offers a faster, less costly, and less stressful divorce process. However, in all cases, professional legal consultancy services are provided as Gürbüz law partners.
