An uncontested divorce happens when parties agree to terms before filing the divorce paperwork. This type of divorce requires both parties to be flexible, compromise, and make realistic demands of the other spouse in order to obtain a settlement. Because an uncontested divorce does not require litigation, it provides a great deal of benefits to both parties, primarily:
- The process can be significantly faster.
- Neither party has to appear in court.
- Because there is no litigation, the cost is substantially less.
- Both parties are involved in the decision making process. This makes the transition back into single life significantly smoother, especially if there are children involved.
Qualifying for an Uncontested Divorce
In order to qualify, the parties must agree on all the terms of the divorce. This includes agreeing on entirely the following issues:
- Child support
- Spousal support
- Child custody
- Child visitation
- Attorney fees
- Division of property
- Division of debts.
If you and your spouse are able to agree to the terms of the divorce, and since all paperwork is prepared in the office, there will be no reason for you to ever set foot in court. If you cannot come to an agreement on some or all of the terms above, you and your spouse will each have to retain the services of an attorney to represent you in court.
Not for Everyone
An uncontested divorce relies on both parties being flexible and making realistic demands from one another. There are some of the factors that would make an uncontested divorce undesirable:
- If you have a large estate.
- If there has been co-mingling of assets.
- Your spouses is unreasonable.
- You have been the victim of domestic violence.
Since uncontested divorces are primarily negotiated between the two parties (sometimes with the help of a mediator), if any of the factors above apply to your situation, it is critical that you seek legal advice from an experienced divorce attorney before entering into any settlement. Additionally, if your estate is large or there might have been co-mingling of assets, you should also seek advice from real estate and financial experts, as well as forensic accountants, as you might have additional rights and claims that you may be unaware of.