An uncontested divorce is a divorce in which both parties are in agreement as to all issues, such as property division, child custody and spousal support payments. Disputes over these matters are the major reason divorce cases can drag on for months or even years. Uncontested divorces are relatively quick and sometimes can be finalized with only one court appearance. Should the parties be in total agreement as to all issues, a divorce can be finalized in just over sixty (60) days from the date of filing, unless the divorce involves minor children, then the matter might not be finalized until expiration of the statutory six month period.
Both contested and uncontested divorces are initiated when one party files for divorce. Uncontested divorces are generally much more straightforward and do not include the need for motions or interim hearings prior to finalization. Likewise, uncontested divorces do not require a trial, as the parties are in complete agreement.
Uncontested divorces are less expensive than contested divorces. Contested divorces often involve attorneys for both parties and typically require multiple court appearances, hearings, mediation, and eventually trial. While it is still a good idea for each party to obtain legal representation in an uncontested divorce, the court proceedings result in significantly lower attorney fees and fewer court costs.
Uncontested divorces likewise present fewer conflicts than contested divorces, which makes them less stressful for all parties involved.
Consulting a divorce attorney is the best way to determine whether or not your divorce may or may not be contested and what your particular case may require.
