What Is an Uncontested Divorce?

An uncontested divorce can be simpler, faster, and cheaper than a contested divorce. With an uncontested divorce, you won’t have to leave anything up to the judge. You can decide how to handle the separation on your terms. An uncontested divorce has many benefits, but it isn’t right for every situation.

The divorce process depends on the laws of the state where you file for divorce. For legal advice about contested and uncontested divorce, talk to a local divorce lawyer.

What Is an Uncontested Divorce?

An uncontested divorce is a divorce decree that neither party fights. It is for couples with no major disagreements over basic divorce issues. This method of divorce is becoming much more common and popular as couples decide to negotiate issues outside of court before filing papers.

But even if you and your ex agree on issues like child custody, the court will likely still review the divorce settlement agreement. The court oversees the agreement to make sure the custody and child support plan provides for your child’s needs. The judge may require a court appearance if there are concerns about the fairness of the uncontested divorce process.

If your ex agrees to the divorce or fails to make an appearance in court, the judge will grant the divorce petition. If your ex doesn’t agree and makes the necessary court filings, the court won’t grant the divorce.

How Can You File for an Uncontested Divorce?

Like a contested divorce, an uncontested divorce begins with one side filing divorce papers with the court clerk. Uncontested divorces usually have streamlined divorce paperwork. It includes disclosures about property, real estate, and child custody.

You and your ex file these divorce forms with a statement of the grounds for divorce. Many uncontested divorces are also “no-fault” divorces, where you do not have to prove someone’s fault for the marriage breaking down.

Filing for an uncontested divorce can save time and money through streamlined family court procedures. To file an uncontested divorce case, you must:

• Not have any financial disputes, such as the division of property, child custody, or alimony
• Both agree to the divorce

Importantly, if one person doesn’t show up for the divorce proceedings, it’s also an agreement to the divorce.

Both you and your ex agreeing to the terms of the divorce can save substantial time and money. But you must agree on child custody, child support, visitation, and spousal support first.

Benefits of Uncontested Divorce

An uncontested divorce costs far less than a contested divorce. However, legal representation is still advisable in any type of divorce. The streamlined procedure for an uncontested divorce includes lower court fees and attorney fees.

An uncontested divorce may allow you to have your divorce granted more quickly than in a contested divorce. With fewer court proceedings and less legal wrangling, it can allow you to move on with your lives sooner. In some states, the court can waive the mandatory waiting period for an uncontested, no-fault divorce.

While divorce of any sort often involves some conflict, an uncontested divorce can reduce conflict between you and your ex. With fewer demands for information and proceedings to resolve disputes, there are fewer chances for conflict.

Information disclosed in court as part of a contested divorce proceeding becomes part of the public record. This can include personal information that one side alleges about the other, as well as financial and other private information. In an uncontested divorce, there’s less information filed with the court that will go into the public record. This allows you to minimize the amount of private information made public.

Disadvantages of Uncontested Divorce

If you and your ex are facing disagreements about custody, property, or allegations of domestic violence, an uncontested divorce may not be appropriate. Simplicity and cost-saving may come at the expense of determining complicated custody decisions, complex property distributions, or spousal support arrangements.

Couples with children must make other filings about child custody and child support. In some states, this simplified divorce procedure isn’t available when you have a child. Child custody issues are important, and they can involve more detailed procedures than a regular divorce.

Talk to a Divorce Lawyer Today

An experienced divorce attorney can help you get the best results in your divorce and find the most cost-effective path. If you and your ex disagree on anything, your lawyer can help you negotiate outside of court, which can allow you to still file an uncontested divorce.