If you and your spouse are willing to negotiate and cooperate in resolving your divorce, you can pursue an uncontested divorce. It’s a legal process that can save time, money and stress compared to a contested divorce. It also allows you and your spouse to find your own solutions instead of a judge imposing a decision on you.
What Is an Uncontested Divorce?
An uncontested divorce is one where you and your spouse settle your disputes on your own rather than litigating them in court. You can negotiate a settlement with the assistance of your respective attorneys and/or use a mediator to help facilitate discussion and find a compromise.
How Does the Uncontested Divorce Process Work?
Once you’ve resolved your differences, your attorneys will draft a separation agreement that addresses all issues in your divorce including:
- Your rights and obligations to each other and to your children
- Division of assets
- Spousal support
- Child support
- Child custody and parenting plan
- Income tax issues
- Estate rights
You and your spouse must review it with your attorneys and, if satisfied, sign it. The agreement must then be submitted to the court along with various forms that must be filled out. These forms are available on the court’s website.
The judge will review the forms and separation agreement. Assuming all the paperwork is in order, the judge will sign the divorce judgment. The divorce is final once the judgment is entered by the county clerk.
The only time the parties may have to go to court is to file paperwork.
What Are the Benefits of an Uncontested Divorce?
In an uncontested divorce, the parties are actively working to settle their divorce, which generally moves the process along faster. They also aren’t subject to court delays that affect litigation. A settlement also saves money because litigation is expensive with higher attorney’s fees and court costs.
Typically, parties who settle are also more satisfied with the outcome than those who litigate because they came to a mutual agreement. They also avoid some of the emotional turmoil of a lengthy acrimonious court battle.
An uncontested divorce isn’t for everyone, but the more issues the parties can resolve on their own, the less costly and time-consuming the divorce will be.
If you are considering divorce, contact our office to discuss your options in divorce and learn how we can help you achieve the positive results you want.
