What is an Uncontested Divorce?

Many marriages end in divorce. Sometimes, a divorce is a challenging and frustrating process. This common life event can result in tensions, anger, and prolonged legal battles.

But not every divorce ends in bitterness and anger. Some couples decide to go their separate ways and divorce amicably. When neither party in a divorce is fighting the decision, it is known as an “uncontested” divorce.

While this is not possible in every instance, uncontested divorces offer many benefits to the parties involved. For instance, spouses can save money and time with a streamlined divorce process.

In order to file for this type of divorce, the involved parties:

• Must not have financial disagreements or disputes
• Must agree to the divorce proceedings

If one party contests the claims of the other, uncontested divorce is not an option.

Disputes regarding alimony and child custody also make uncontested divorces impossible. For those couples that are eligible, however, non-combative divorces can save massive amounts of time, stress, and money.

Specific Criteria for Uncontested Divorce

Expedited divorces are available to couples who agree about major issues. Couples seeking uncontested divorces must agree on the following:

• Child-custody
• Child support
• Division of marital property and assets
• Amount and types of spousal support

When a marriage is coming to an end, one party will need to file for divorce. In cases in which neither party contests the divorce filing, a quicker and cheaper separation may be possible.

Uncontested Divorce Benefits

The primary advantage of an uncontested divorce is cost-effectiveness. No matter what the circumstances of a divorce may be, each spouse should secure legal representation. However, when a divorce is uncontested, the court fees and legal costs are reduced.

Another benefit is the speed at which the process can be completed. This is because there are fewer problems and disputes to mediate. When all parties agree, the legal filings can happen more quickly.

It is important to note that almost all divorces involve some level of emotional difficulty and conflict. But choosing to pursue an uncontested divorce can incentivize both parties to work together as much as possible.

A final advantage of uncontested divorces is increased privacy. Typically, divorces involve exchanges of information between the two parties. This is especially true when there are substantial disagreements and disputes.

Usually, this information becomes a matter of public record through the court proceedings. An uncontested divorce involves less publicly available information  because fewer disputes are resolved through the court system.

Disadvantages of Uncontested Divorce

While these streamlined divorces are cheaper and simpler, there are also downsides. The couple will be required to determine specific requirements for child custody arrangements, spousal support, and property division.

These requirements can be complex. It often takes time and effort to arrange these issues in ways that will satisfy both parties. Couples are required to provide adequate information regarding custody. This is done to ensure the welfare of the child or children involved.

Speak with a Qualified Family Attorney

Divorce is always a major life event. If you are interested in pursuing an uncontested divorce, contact Gucciardo Family Law.

Our legal professionals have the knowledge necessary to help you expedite the divorce process. Contact Gucciardo Family Law to schedule a free consultation.