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What is An Uncontested Divorce

January 2, 2017 Blog

There are two types of divorce, an uncontested divorce and a contested divorce. The first occurs when both parties agree on getting a divorce as well as the terms of the divorce. These terms include everything from the division of assets to custody of any children. A contested divorce is brought about when both parties disagree, either about the divorce itself or the terms of it.

In many instances, an uncontested divorce is believed to be the better of the two options, but this isn’t always the case. Understanding the ins and outs of an uncontested divorce will ensure that you’re as knowledgeable about the process as possible before going through with it. If you and your spouse are able to agree on all of the major issues that come with seeking a divorce, an uncontested one is possible. These issues include:

  • Debt division
  • Property division
  • The total duration and amount of alimony
  • The total duration and amount of child support
  • Details of parenting time and responsibilities

Advantages and Disadvantages of An Uncontested Divorce

There are both pros and cons associated with an uncontested divorce. While this may be a good option for some couples, it won’t be for everyone. The primary advantages associated with this type of divorce is that you’re able to save money. Divorces that are uncontested are generally cheaper than contested ones. The former will usually involve such costs as court filing fees and basic attorney fees for paperwork preparation and possibly a very small amount of negotiations. By not contesting the divorce in court over a relatively lengthy period of time, you can avoid most of the fees that come with going down this route.

These types of divorces are also resolved quicker than a contested divorce, which means that you can start the recovery process sooner. It’s important to understand that there’s also a potential for additional conflicts to arise throughout the proceedings, which only serves to lengthen the process. During a contested divorce, a large amount of information during the divorce proceeding is actually open to the public. This can include everything from spousal statements to financial information. With an uncontested divorce, the proceedings are shorter, which means that there’s less information that needs to be made open to the public.

There are also some negative aspects to an uncontested divorce that you should be aware of. For instance, any couple that has comprehensive property arrangements or believes that disagreements about how to handle the divorce may occur should heavily consider both options. If you have children, being unable to determine certain custody situations during the initial proceedings may prove to be tricky in the future. Our firm can assist you in determining whether or not an uncontested divorce is right for you.

How This Process Works

Compared to a contested divorce, the process is a rather simplistic one. Once you contact us, we will begin representing your case. However, you should know that our firm can only represent one spouse, even in the case of an uncontested divorce. All paperwork is then produced and the process of filling out the paperwork begins. This is the time when the key issues of the divorce will be worked through for each spouse.

Changes to these documents can be made in an instant whenever an additional agreement between each spouse has been made. Once all the documents have been produced, they are sent to both parties for signatures. Even after this has been completed, changes can still be made in the event that both parties agree. These documents are then filed with the court. The average time for a judgment to be made for the case is around six to eight weeks.



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