An uncontested divorce is one in which both parties agree on all issues. There is no expedited process for uncontested divorce, but it will generally move through the court system more quickly than if the parties do not agree on the issues.

Uncontested Divorce Eligibility

Couples with no disagreements are generally the people who file for an uncontested divorce.

Common issues couples need to agree on are:

1. child custody;
2. child support;
3. property division; and
4. spousal support.

The process begins when one spouse files for divorce. This stage must include a written statement explaining the grounds for divorce. If the other side agrees or fails to appear at the hearing, the court will grant the uncontested divorce.

Advantages of an Uncontested Divorce

While legal representation is advised for divorce of every type, the ease of uncontested divorce allows both parties to save on court costs and resources. Divorce of this type allows for a quicker resolution than contested divorce.

An uncontested divorce can lessen any interpersonal conflicts the divorcing couple may have. This can be achieved by the simple fact that an uncontested divorce allows for fewer chances for the couple to meet face to face. With less need for information to go between both parties, there will be fewer proceedings and fewer disputed elements to agree to.

Disadvantages of an Uncontested Divorce

Parties who have property to divide, children, or any factors that could cause disagreements should strongly consider whether an uncontested divorce is the right match for them. The simplicity of an uncontested divorce can only work when both parties are able to resolve divorce-related issues amicably.

Divorcing couples with children must file additional documents related to child custody and support when going through an uncontested divorce. The added importance of resolving child-related issues means there is a chance the couple will need to go through more detailed procedures than with a standard divorce.

Creating Practical Solutions for Divorce Issues

If you and your spouse would like to initiate an uncontested divorce, our attorneys can help. We can advise you on the best course of action for your situation and guide you through the entire process.