In Mississippi, a divorce case may pursue two different paths: contested divorce and uncontested divorce. Uncontested divorces occur when couples have resolved all outstanding issues, such as property division, alimony, or child custody/support. An uncontested divorce can offer spouses various benefits over a contested divorce. These benefits may include:
Faster Resolution and Less Time in Court
Uncontested divorces can help couples obtain a final divorce decree faster than contested divorces. Because an uncontested divorce requires a couple to have settled all their outstanding issues through a prenup/postnup or a divorce settlement, the court does not need to hold multiple hearings or a trial to resolve disputes between the spouses. Instead, an uncontested divorce typically involves only one hearing, during which the court reviews the divorce complaint and the parties’ proposed divorce decree and approves the decree if it identifies no issues. However, Mississippi requires couples who file for an uncontested divorce to wait 60 days after filing the divorce complaint to obtain the finalized divorce decree. Thus, uncontested divorces can reduce the amount of time spouses must spend in court.
Lower Legal Expenses
Uncontested divorces often have lower legal costs than contested divorces due to the lack of extended litigation in an uncontested divorce. Although spouses may have incurred legal expenses in negotiating a divorce settlement, those expenses likely will not exceed the legal costs of a contested divorce, which requires parties and their counsel to engage in discovery and pretrial motion practice and prepare for a trial. The lack of disputes in uncontested divorces means that spouses’ attorneys charge fewer billable hours as they don’t have to litigate unresolved issues in the case vigorously.
Reduced Stress and Emotional Strain
A lengthy divorce case can inflict a significant emotional toll on spouses, their children, and their families. Although a divorce means that the marriage has broken down, pursuing litigation in a contested divorce can worsen the couple’s relationship, which can make co-parenting after divorce more challenging. Conversely, cooperation to reach a settlement for an uncontested divorce can help foster a more peaceful transition to separate life, especially when a couple has children. Spouses who can negotiate a settlement can learn how to maintain civility and a working relationship that may help with co-parenting post-divorce.
Control Over the Outcome
An uncontested divorce allows a couple to control the outcome of the financial and legal issues in their divorce, such as property division and child custody. Because uncontested divorces require spouses to settle outstanding issues, couples can decide those issues rather than leaving them to the court’s judgment. A divorce settlement allows a couple to resolve financial and legal issues that both spouses can live with. Conversely, asking the court to resolve those issues may result in an outcome that neither spouse prefers.
Privacy
Uncontested divorces can offer couples more privacy than contested divorces. Because an uncontested divorce involves a simpler legal proceeding, the case will have fewer public court records. Couples can keep the personal issues that may have led to their divorce private rather than having to publicly air their grievances against one another in a divorce trial. Uncontested divorces can also minimize the amount of time spouses must spend in court, which helps keep their divorce out of the public eye and allows the couple to separate with minimal publicity.
Contact a Divorce Attorney Today
If you and your spouse have settled the outstanding issues in your divorce, you may benefit from pursuing an uncontested divorce. Contact Gregory D. Keenum, P.A. today for a confidential consultation with a knowledgeable family law attorney to discuss the benefits of an uncontested divorce in Mississippi.