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Taking the Sting Out of Divorce

If you can compromise with your spouse, uncontested divorce could be a path worth taking. An uncontested divorce is one in which both spouses are able to resolve the issues in their divorces such as financial matters and child custody. In an uncontested divorce, the judge may not even hear your case. Rather, you may file the necessary forms by mail or through limited contact with the judge or clerk of court. An uncontested divorce allows you to minimize or avoid time in court. In doing so, you and your spouse can save a considerable amount financially, because you will not need to pay your attorneys to prepare for and proceed in court to the degree that is necessary in a contested divorce. Instead, you and your spouse would simply review the divorce issues yourselves and hammer out an agreement that you could each live with. Your lawyers could then put your agreement in writing and file it with the court.

In discussing uncontested divorce, it is also worth noting that this type of divorce is different from amicable divorce. Unlike amicable divorce, an uncontested divorce means that nothing was contested in court. A couple may still disagree about certain items, but these disagreements were able to be settled out of court

It may be hard to imagine the reality of uncontested divorce. After all, many divorcing couples cannot even stand to be in the same room as one another, much less peacefully resolve sticky issues involving support and property. But if you and your spouse can act maturely and compromise effectively, you may be candidates for an uncontested divorce.