You and your spouse know everything you want to do with your divorce. You both believe that you can work out any minor disagreements yourselves, and neither one of you wants to drag things out longer than is necessary.
An uncontested divorce is simply a divorce that neither party is contesting, and it’s what you may be interested in filing if you and your spouse agree on how you want to separate.
To go through an uncontested divorce, you will need to show that you have no financial disputes and both agree that the divorce should move forward.
What is so great about an uncontested divorce?
One of the best things about an uncontested divorce is that it can save you a lot of time and money. An uncontested divorce doesn’t require litigation or alternative dispute resolution sessions, saving time and preventing you from paying more out of pocket for those services.
The nice thing about uncontested divorce is that the paperwork is streamlined. You may only need your property and child custody information and a statement for why you want to divorce, for example. Essentially, you’ll write down everything you’ve agreed on and the reason for your divorce to submit this information to the court.
Do uncontested divorces have a downside?
Sometimes, yes. People who have kids or complex situations may want to go through an uncontested divorce even though it’s not the right option for them. While an uncontested divorce is simplified, it also has the trade off that both of you may need to negotiate or give up more than you really want to in the hope of a quick divorce.
Sometimes, it’s better to have a contested divorce and to go through the negotiations and dispute resolution options that are available, so that the outcome is more agreeable to both parties. You should not file an uncontested divorce just for the sake of simplicity.
Your attorney can help you review the situation and talk to you about the benefits of choosing an uncontested divorce or a contested divorce, depending on your specific case. You may find that an uncontested divorce is still the right option for you, and if so, your attorney can help you file the paperwork. If it isn’t right for you, then your attorney can help you build your case and start the negotiating process, so you can see an outcome you feel better about.