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What is an uncontested divorce?

On Behalf of | Jul 28, 2023 | Divorce |

When you make the decision to divorce, it can begin a stressful process. But it does not have to be this way.

It is possible for you to get through a divorce with minimal stress and disruption of your life. The key is being willing to work together to end the marriage in an agreeable fashion. If you can do this, then you can have an uncontested divorce.

Uncontested divorce definition

An uncontested divorce occurs when you and your spouse agree on all terms in your separation agreement. You must negotiate and compromise on all points. These include property division, spousal support, and if you have children, child custody and support. At the end of your meetings, you should have a complete and full agreement to present to the court. The judge will then only have to review it and sign it to make your divorce final.

Issues in an uncontested divorce

Many couples easily go through an uncontested divorce. However, there are stumbling blocks you could come up against that will make it difficult.

If you and your spouse have trouble communicating, then it can be hard to make an uncontested divorce work. You have to be able to discuss the issues at hand and reach agreements, so any issues between you and your spouse could get in the way. This is also a problem if your relationship is contentious. If you cannot have open conversations, then you will likely be unable to reach an agreement on all necessary points.

An uncontested divorce usually moves along quickly and smoothly. The other option is a contested divorce, which involved the court making decisions for you.