Uncontested Divorce

In an uncontested divorce, both parties decide the best way to end their marriage without going to trial. With the assistance of their legal representation, they determine allocution of debts, division of assets, custody of minor children, and other important issues. This type of divorce may or may not be amicable. The term uncontested divorce simply means that all issues were resolved outside the courtroom.

In an uncontested divorce, your lawyers will file all of the appropriate documents outlining what you and your spouse have decided in regards to child custody, visitation, alimony, division of propriety, and other significant marital issues. Then, the courts will schedule a hearing to review your settlement. If the judge believes your settlement is reasonable, the agreement will become legally binding.

If you agree with the following statements, an uncontested divorce might be right for you:

• My spouse has not lied to me about anything important.
• I do not blame him/her for the end of our marriage.
• We wish to remain on good terms for the sake of our children.
• We communicate well.
• I am not easily intimidated.

An uncontested divorce offers several benefits:

• Uncontested divorces move faster than other types of divorces.
• They are less expensive.
• Both parties are more likely to be satisfied with the final result.
• If there are children involved, the divorce is less stressful for them.

Despite its many advantages, an uncontested divorce isn’t appropriate in all cases. This type of arrangement isn’t in the best interests of a spouse who is being physically or emotionally abused. An uncontested divorce is also not advisable if one spouse is not committed to ending the marriage, if the children involved have special needs that will require extensive care in the future, or if there are substantial assets that must be divided.

In an uncontested divorce, it’s absolutely critical that both parties seek the assistance of separate lawyers. Having one divorce attorney represent the two of you would be extremely unethical, since your interests are likely to clash at some point.

For example, if you’ve been a stay-at-home mom for the majority of your marriage, you may want alimony or a portion of your husband’s pension plan. Having separate lawyers can help you sort out these types of disagreements.

If you and your spouse agree on most issues surrounding your divorce, but need assistance coming to a compromise on one key issue, mediation might be the best solution. Professional divorce mediators have training in conflict resolution. As impartial third parties, they can help you and your spouse evaluate each person’s point of view and reach an acceptable conclusion. However, since mediation is a relatively new field, not all divorce attorneys feel comfortable working with this type of arrangement. If you’re considering mediation, discuss the issue with your attorney first.

Many people sometimes confuse mediation with arbitration. In arbitration, the third party listens to both sides of the issue and makes a decision. Both spouses are allowed to present facts and/or evidence, but neither has a say in the final decision.

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