Do I Have To Go to Court for an Uncontested Divorce?

Divorce can be simple if you and your spouse can agree on everything. It may only require filling out a few divorce forms and waiting for your divorce papers. In an uncontested divorce, both spouses agree on how to handle their separation and don’t need the court to do anything but sign the divorce decree. However, even if you and your spouse agree on the divorce settlement, you may still need to go to court.

Divorce laws vary by state. Contact an experienced divorce lawyer for legal advice about how you can avoid going to court to save time and money for your divorce.

What Is an Uncontested Divorce?

An uncontested divorce is one of the simplest ways to get a divorce. An uncontested divorce means you and your spouse agree on all the terms of the divorce. The major issues in most divorces include:

• Child custody, parenting time, and visitation
• Spousal support or alimony
• Division of marital property

How Do You File for an Uncontested Divorce Without Going to Court?

To file for an uncontested divorce without going to court, you need to complete all the legal requirements for your state. If you don’t have children, the process is simpler. If you do have children, the process will be more complex to protect your children’s well-being.

Your state or county court will have information about the uncontested divorce process. If you run into trouble, you can talk to a divorce lawyer for advice.

Filing for divorce generally starts with filing a petition for divorce or dissolution of marriage. Review all your information and make decisions with your spouse. Then you can negotiate a divorce settlement agreement you both agree on. This settlement agreement outlines the terms of the divorce. For couples without children, this applies to the division of property and whether there will be any spousal support.

Do You Have Minor Children Together?

If you have children, you will need to agree on the terms of custody and visitation. Child support is generally based on state guidelines. You may need to submit a child custody and visitation order, and a child support order that follows the state requirements. Generally, you cannot waive child support in a divorce settlement, even if both parents agree. Child support is subject to minimum protections by state law.

Will the Divorce Court Approve the Settlement?

If you agree to these terms, there is generally no need for further court proceedings. If you follow the minimum requirements for the legal process under state law, there is no need to make a court appearance. However, if there are problems with the settlement, the court may require you to take additional steps or come to court.

For example, most states have some residency requirements for filing for divorce. If neither you nor your spouse live in the state where you are filing, the court may reject the petition or require you to prove you are a resident.

What Are the Benefits of an Uncontested Divorce?

There are several benefits of an uncontested divorce. An uncontested divorce is cheaper, faster, and helps you settle with an amicable separation.

Uncontested Divorces Are Less Expensive

Contested divorces are expensive, primarily because of court fees and attorney fees. You and your ex will each have to pay for your legal representation to resolve divorce disputes. The more contested a divorce is, the more it costs. A hotly contested divorce can be drawn out for months or years.

With an uncontested divorce, you resolve most of the issues on your own. You prepare your own agreement and avoid any courtroom litigation. There may be no need for attorney fees or legal fees beyond the filing fees.

Uncontested Divorces Take Less Time

If there is nothing to dispute, the court can just sign the divorce papers, and the process is over. There is no need for additional court hearings or delays. States may have minimum waiting periods. However, after that, you can settle an uncontested divorce in days or weeks.

There Are No Surprises With Uncontested Divorce

With a contested divorce, the judge makes the decisions. With an uncontested divorce, you already know what will happen with your custody, visitation, and property division. If you followed the legal process, you know what the final divorce terms will be when you file the paperwork.

Uncontested Divorce Is Private

Divorce proceedings are generally part of the public record. In a messy divorce, the allegations and evidence can become part of the court record. However, an uncontested divorce case only has basic information filed with the court.

Can You Hire a Lawyer for an Uncontested Divorce?

You can still have a lawyer represent you in an uncontested divorce. You may just want a lawyer to review your divorce agreement to make sure it is fair. An attorney can also review your filing documents to make sure you have everything you need, and the court will approve the divorce. If there is a history of domestic violence, you should speak with a lawyer.

There are also alternatives to hiring a lawyer in an uncontested divorce. There are often minor issues where you can’t agree but still want a simple divorce. A divorce mediator can help resolve these issues without going to divorce hearings. Mediators work with both spouses to help them come up with their own solutions. Mediation is generally faster and less expensive than litigation.