What is an uncontested divorce?

Posted by Lauren S. CohenJun 15, 20150 Comments

An uncontested divorce is a divorce in which the parties are able to agree on all of the legal issues at hand such as property division, spousal support and child custody. Instead of turning to the court to help them decide these issues, the divorcing couple figures them out on their own and then asks the court to approve the agreement that they have reached.

People find an uncontested divorce to be beneficial for a few reasons. First, it can save the couple a lot of money by cutting back on court costs and attorneys fees. Next, it typically allows a couple to settle their divorce much more quickly than if they had gone through the traditional court process. Finally, it allows the parties to retain control of the outcome of their divorce, while going to court hands the decision-making power over to the judge.

When uncontested divorce makes sense, and when it doesn't

An uncontested divorce doesn't make sense for all divorcing couples because the parties have to reach an agreement on all issues without the court's help. That means if the couple cannot agree on certain issues such as child custody or property division, then they will need to depend on the traditional divorce process in order to settle their differences.

An attorney's role in an uncontested divorce

Although the couple settles the divorce issues on their own, they may decide to have an experienced divorce lawyer draft their agreement so that it is more likely to be accepted by the court without added time or hassle. Keep reading for more information on how an attorney can help with the uncontested divorce process.