As the name suggests, an uncontested divorce is the kind of divorce where both spouses have an agreement on matters such as division of property, alimony, and child custody, without going to trial. In other words, both parties mutually agree to divorce without a contest.
This kind of divorce is usually less expensive, quicker, and less stressful. But that’s the exact opposite of a contested divorce, where spouses cannot agree on the terms of the divorce. As a result, they require a judge to make the final decisions.
In an uncontested divorce, both spouses generally work with a mediator or an attorney to reach an agreement. Once they have agreed on the key issues that need to be solved, they will submit the terms of the agreement to the court for approval. Then, the divorce can be finalized without a trial if the court approves the terms.
What Are the Benefits of an Uncontested Divorce?
An uncontested divorce offers many different benefits, but the most important is peace of mind. It makes the divorce process easy and peaceful, allowing both parties to move on with their lives. That said, let’s take a look at some other advantages of this type of divorce.
An uncontested divorce usually takes less time to complete than a contested divorce. The latter can take months or even years to resolve in court.
In addition, an uncontested divorce is generally less expensive than a contested divorce. This is because it does not require a trial, meaning the less time spent in court, the lower the legal fees.
In an uncontested divorce, both spouses contribute to the outcome. They work together to agree on the terms of the divorce, leading to a more favorable outcome for both parties.
Above all, an uncontested divorce can set the stage for a more positive future relationship between the former spouses, especially if they have children together. By working together to reach an agreement, the spouses can avoid the acrimony and resentment that often accompany a contested divorce.
When Is an Uncontested Divorce Appropriate?
It is worth mentioning that an uncontested divorce does not fit every situation where spouses want to end their marriage. The need for this kind of divorce will depend on the specifics of that particular case.
Below are some situations where the spouses may need to consider an uncontested divorce.
An uncontested divorce is appropriate when both spouses agree on the terms of the divorce, including the division of property, alimony, and child custody. It is best suited for situations where the spouses can communicate effectively and work together to reach a mutually agreeable resolution.
In marriages that have lasted a relatively short time, there may not be many assets to divide or disputes over alimony, making an uncontested divorce a good option.
Also, if the spouses do not have children together, the divorce process can be simplified given that there would be no issues related to child custody and support to resolve.
An uncontested divorce is also great if both spouses have mutual respect for one another; they can work together to resolve any issues they may have before finalizing the divorce.
If you are considering an uncontested divorce, here is one thing you need to know: this type of divorce does not always guarantee the absence of conflict. In fact, if not done correctly, an uncontested divorce could pave the way for unexpected conflicts in the future. To avoid such a possibility, you should consider speaking with an experienced family law attorney from Divorce With a Plan. All you need is a consultation with us.