What is uncontested divorce?
The term “uncontested divorce” may not mean what you think. I get many calls from potential clients who say they have an uncontested divorce case to discuss. After he or she tells me that the divorce is uncontested, I usually ask the following: “So you have discussed with your spouse how you are going to divide your assets and debts and who is going to see the children when?” The response is usually, “well….no, but I know my spouse wants to get divorced too.”
An uncontested divorce means more than just two people agreeing that they need to get divorced. It also doesn’t mean “the divorce will be uncontested so long as he agrees with everything I suggest.” The word “uncontested” relates to agreement on other issues as well, like how to divide the property and how much time each parent will spend with the children.
It is possible that a divorce can start out contested but turn into an uncontested one, especially if both parties are willing to communicate, put in a little effort and compromise. Spouses may start out not agreeing on anything other than the fact that they want to get divorced. If you haven’t discussed division of assets, division of liabilities, and/or issues related to your children with your spouse before either of you file for divorce, it is difficult to know whether your divorce will be contested or not.
Is my divorce uncontested?
One way to decide if your divorce is or may become uncontested is to speak with your spouse. If you are not comfortable talking with your spouse about getting divorced or how things should be divided, your divorce will most likely at least begin as a contested divorce. But there is no reason to worry. Just because spouses have difficulty communicating doesn’t mean an agreement can’t be reached later, especially if each spouse has an effective lawyer. If you are comfortable speaking with your spouse about the divorce and how you would like to divide things up, and that conversation begins before either of you file for divorce; there is a much greater likelihood that your divorce will be uncontested.
Uncontested divorce does not mean “simple”
The words “uncontested divorce” simply mean that the spouses have come to an agreement on all the issues of the divorce. This can be done before either person files for divorce. Or it can be done after weeks or months of negotiations between the spouses and their lawyers. Uncontested divorce does not mean “simple”. Uncontested divorce does not mean the divorce will be quick and painless. It just means the spouses choose to decide for themselves how the issues work out instead of leaving that to the judge.
An attorney’s assistance on an uncontested divorce is invaluable. An attorney can assure you that the agreement you are making is fair and in line with what would be expected at a trial. An attorney can also tell you when you are negotiating away things that you shouldn’t negotiate. It is almost always better for people to resolve their own differences. In that sense, “uncontested divorces” are a good option.
If you found this article helpful, you’ll love the advice you’ll find in Divorce with Joy – A Divorce Attorney’s Guide to Happy Ever After.
Divorce with Joy provides information about divorce and legal issues designed to help users cope with their own legal needs. This legal information is not the same as personal legal advice – the application of law to an individual’s specific circumstances. If you want professional assurance regarding your personal situation, please consult a lawyer. If you are a lawyer, please review the authorities personally to determine their application to your case.
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