When a couple has decided to end their marriage, an uncontested divorce is an option in all 50 states. The spouses do not need to be in complete agreement about every aspect of the divorce to get an uncontested divorce; they merely need to have a low level of disagreement and feel that they can go forward with a divorce with neither side ‘contesting’ or blocking the divorce for any reason.
Simpler, Faster, Less Hostility
Uncontested divorces are simpler and faster than divorces in which one or both spouses fight the divorce or certain aspects of the divorce. It’s a good option for couples who have worked out their issues concerning:
- Division of assets and debts
- Child custody and support
- Visitation rights
- Spousal support
When these issues are decided upon with no need to take them up in court, an uncontested divorce can take place. The less conflict and legal back-and-forth that takes place, the better the situation for all involved — husband, wife, and children.
Costs Less than Contested Divorce
A major benefit of uncontested divorce is that it costs much less compared to a contested divorce. Every hour that an attorney must spend on your behalf costs a significant amount of money. If the spouses are not fighting each other, their attorneys have less to do and less to charge for.
Not an Option in All Cases
If there are complex financial issues (such as when a family-owned business is part of the couple’s assets), allegations of abuse, or conflict regarding the children of a marriage, an uncontested divorce may not be attainable. Counseling and divorce mediation can help a couple reach an agreement before or after a divorce is initiated.
In other cases, one or both spouses cannot reach a compromise on significant aspects of their divorce. Some couples cannot even talk calmly to one another. Sometimes one spouse is greedy. Some spouses try to hide assets from the other spouse, to keep assets from being fairly split up in the divorce. In some cases, one spouse refuses to divorce, whether in an honest attempt to save the marriage or to use the refusal against the other spouse. An uncontested divorce will not work in such situations.
Find an Attorney for Your Uncontested Divorce
If you and your spouse want to divorce and are in agreement about most or all of the details, contact an experienced divorce attorney in your area. You can begin the uncontested divorce process, or simply get answers to your questions and concerns.