What is an uncontested divorce?
A. There are two types of uncontested divorces. The first type is an “on consent” divorce. This is where your spouse signs an affidavit agreeing to the divorce. The second type is where your spouse refuses to sign an affidavit consenting to the divorce, but does not file any documents contesting the divorce after being served with a summons. This second type results in a default judgment of divorce. It is also commonly referred to as a “one signature divorce.
An uncontested divorce is one in which the parties negotiate their own settlement rather than going to trial and letting a judge decide the issues for them. Many people find that an uncontested divorce will benefit them for several reasons. The process seems to be faster and less expensive. The parties maintain control over their future by reaching their own decisions. The Court does not impose a judgment on them after a trial. The parties are also better able to maintain (or establish) a civil relationship if they are not involved in protracted litigation with all of the positioning and leverage that a trial may invoke. The reduced hostility makes it easier for divorced parents to raise children together.
A divorce is “uncontested” when both parties agree on the terms of the divorce and there is nothing left for a judge to decide. In those types of cases, the divorce can be handled through documents and no court appearances are necessary. If the case is “uncontested” from the outset, it is a relatively inexpensive procedure.
After the parties agree on the distribution of property, custody and visitation of children, and support, then the divorce becomes “uncontested.” The terms of settlement are usually set forth in a comprehensive written contract that both sides will help draft, review and revise. The written agreement, called a Property Settlement Agreement, is incorporated into the Final Judgment of Divorce.
