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What Is an Uncontested Divorce? Key Things to Know

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Hands of wife and husband signing divorce documents or premarital agreement

Have you and your spouse decided to end your marriage? If so, you might be overwhelmed at your options, along with the legal jargon that surrounds the process.

One of the questions you might be wondering is, “What is an uncontested divorce?” As you navigate your next steps, it helps to have access to the clear answers you need.

In this post, we’ll answer that question so you can better understand how an uncontested divorce works and what it means for your family.

What is an Uncontested Divorce?

In short, an uncontested divorce is one in which neither party is fighting the other and agree on all issues. In other words, you and your spouse both agree on everything and you’re willing to work with one another.

As expected, this isn’t always the case. Many divorces are fraught with discord, which can add time and money to a case due to lengthy and contentious court proceedings. 

An uncontested divorce can often be quicker and more cost-effective. For a divorce to be deemed uncontested, the following must hold true:

  • The couple does not have any outstanding financial disputes and there is an agreement as to property and debt allocation;
  • There is an agreement as to maintenance (alimony) if any, and child support if any;
  • Both parties agree on all issues surrounding the children

Moreover, these couples must not have any major disagreements regarding the usually-contested divorce issues, including:

How Does an Uncontested Divorce Work?

An uncontested divorce and a contested divorce both begin in the same way. One party will work with a divorce lawyer to file for the divorce.

On the other hand, if the other party does not agree with the divorce or any of its terms, they can file with the court. In this case, the divorce will not be uncontested.

Pros and Cons to Uncontested Divorces

As mentioned, uncontested divorces can save time and money. Not only are attorney and court fees usually lower, but there are fewer court proceedings. This allows couples to move on more quickly without laborious legal disputes. 

Conversely, there are a few drawbacks:

If a divorce is uncontested, the actual divorce-related paperwork is minimized but the Court still requires a complete Separation Agreement and Parenting Plan.

For instance, couples still have to work out details concerning custody and child support for any children they share, as well as requests for spousal support. They may also have to contend with complex property divisions. However, though this filing process can be time-consuming, it isn’t difficult as long as both parties agree.

Find a Divorce Lawyer Today

The ins and outs of an uncontested divorce can be complicated, but they don’t have to be stressful. With the right divorce attorney on your side, you can take your next steps in confidence.

Our team of family lawyers is ready to help. We’ll not only answer the question, “What is an uncontested divorce?”, but we’ll walk with you through every part of the process.

Contact us today to learn more and let’s connect.