Uncontested Divorce

Efficient Cost-Effective Divorces - Uncontested Divorce Lawyer

Although divorce can be a stressful, costly and unpredictable process, it is estimated that 95 percent of divorces in the United States are resolved by way of a divorce settlement without the intervention of the judge. It is generally to the advantage of both parties in a divorce to resolve their issues amicably and memorialize their agreement in a marital settlement agreement.

An uncontested divorce is essentially a divorce where you and your spouse reach an agreement on all issues and that agreement is put in writing in the form of a marital settlement agreement (MSA). The MSA will essentially become the substantive part of your divorce judgment if you and your spouse can reach an agreement on all issues in your divorce without contentious litigation.  An uncontested divorce typically has a number of significant advantages including that it is fast, reasonably stress-free for you and your children and inexpensive.

Why Do I Need a Divorce Lawyer for an Uncontested Divorce in South Florida?

At the Law Offices of James S Cunha, we recognize that every family law case is different and requires solutions specifically tailored to the facts and circumstances of your particular situation.  We will always examine the possibility that an uncontested divorce is a viable solution to fit your specific circumstances.  An uncontested divorce does not mean a divorce where you are not represented by an attorney.  Even if you believe that you and your spouse have reached an agreement on all the issues in your divorce, it is crucial to obtain the services of an attorney for a number of reasons, including:

• Obtaining legal advice on the realm of possible outcomes if a court were to rule on your divorce issues

• Avoiding an agreement that a court will not honor or cannot enforce

• Protecting you from pressure to enter into an unfair agreement imposed by your spouse

• Ensuring that your marital settlement agreement is properly drafted to reflect your intentions

• Avoiding mistakes in the substance or form of your agreement that cause delays  in obtaining a judgment

These are merely a few examples of why it is essential that you have an attorney guide you through the uncontested divorce process in Palm Beach.  Even when proceeding with an uncontested divorce in Florida, there are many litigation traps that can derail your agreement and delay your divorce decree. One of the most common mistakes made by those who are not represented by attorneys is to agree to waive child support or make the amount of child support non-modifiable in exchange for other financial considerations.  If you attempt to reach an agreement that incorporates such terms, the court will have no choice but to reject your proposed judgment because child support must be determined by the Florida child support guidelines to ensure the award is in the best interest of your children.

While a mistake by you and your spouse that involves trying to waive child support typically only results in a delay in the divorce process, there are other mistakes that are far more serious.  For example, you may structure property and debt division around the presumption that one spouse will be assuming a substantial amount of the marital debt.  In such a case, it may seem reasonable to also grant that spouse, a substantial portion of the marital assets or adjust the amount or duration of alimony based on the fact that the other spouse will be taking responsibility for the majority of the marital debt.   This becomes a serious issue when that spouse later fails to fulfill their obligations under the divorce decree to pay the marital debts as promised.  This may result in a drastically unfair division of the marital property and debts.  Adding insult to injury, creditors are not bound by a divorce judgment, which means they may come after you and attach your wages or levy against your bank accounts when the debts are not paid as promised by your spouse!

These are only a couple of examples of the type of serious mistakes that parties often make when the attempt to engage in an uncontested Palm Beach divorce without the advice and guidance of an experienced Palm Beach divorce lawyer.  Palm Beach divorce attorney James Cunha can evaluate your situation and determine if an uncontested divorce is an option for you.  He can also provide you with an overview of how the judge would likely resolve the issues in your divorce and advice you regarding the advantages and disadvantages of the proposed resolutions that you and your spouse have reached.  Mr. Cunha also can help you avoid critical mistakes that may delay your divorce from being finalized or come back later to frustrate your expectations.  Finally, Mr. Cunha can make sure that your marital settlement agreement is artfully drafted to reflect and facilitate the agreement that you have reached with your spouse.

Fast, Efficient Palm Beach Divorces 

Mr. Cunha and his legal team are devoted to helping you rebuild your life while minimizing the stress and anxiety that often accompanies the divorce process.  We work hard to provide divorce solutions that provide a solid foundation for your future based on stable and predictable divorce settlements.  While Mr. Cunha and his staff are fully prepared to aggressively pursue litigation on contentious issues, we understand the value of a quick and relatively amicable uncontested divorce.  Mr. Cunha can help guide you through the negotiation process and carefully draft your marital settlement agreement and other court documents.  At the Law Offices of James S. Cunha, we know that no one gets married contemplating the prospect of a future divorce.  When a marriage is irrevocably broken, we are here to make the divorce process as painless as possible. 

We are loyal and passionate about our clients’ cases and consistently seek the best possible resolution.  We bring a substantial level of skill, knowledge and diligence along with the ability to think outside of the box so that we can be the most effective advocates for our clients. Contact us today.