What is an uncontested divorce?
A divorce proceeding in which all legal issues are not disputed or litigated. There are a few reasons for the lack of objections. The parties probably have worked out an agreement or understanding, one of the spouses is missing, or the last is that the other spouse refuses to participate in the proceeding.
An uncontested divorce occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) your spouse either agrees to the divorce, or fails to appear in the divorce action. You may sue for divorce thinking that the proceeding will be uncontested, but discover later that your spouse has decided to contest (“fight”) the case. If this occurs, you may wish to consult an attorney, or you may proceed on your own without an attorney. In either situation, this packet should not be used. Many of the forms in the packet apply only to cases where your spouse either (1) consents to a divorce; or (2) where your spouse does not appear to oppose the divorce.
An uncontested divorce is one in which both parties agree to the divorce and the terms of the settlement without going to trial. This does not mean there are no arguments or disputes between the spouses – it simply means the spouses are able to reach an agreement without going to court and having the judge rule. Uncontested divorces move much faster through the court system and are therefore less expensive. In addition, by bypassing the lengthy litigation and trial process, an uncontested divorce typically leads to reduced hostility and resentment among the ex-spouses, and both are able to resume their lives more quickly. Alpha Paralegal & Business Services, Inc. offers divorce preparation services if the divorce is uncontested.
