An “uncontested divorce” is as the name suggests a divorce without a contest, an unopposed divorce or a divorce based upon an agreement. If a Husband and Wife can reach an agreement concerning the issues in their divorce case, and the agreement is consistent with the requirements of the law, they can pursue an uncontested divorce using a divorce agreement or through the Respondent filing an Answer and Waiver to the Petition. This is not the same things as a “simplified divorce” which has its own set of additional requirements such as both the Husband and Wife having to attend the final hearing.
If the parties go the uncontested divorce route, they can usually avoid the extra expense and extra stress commonly associated with a contested divorce and can usually get divorced from one another much more quickly than in a contested divorce case. In an uncontested divorce the parties can also benefit from being able to agree to terms that fit their lives best and their best interests rather than having terms that may not fit their lives so well imposed upon them by the Court.
If you are able to agree with your spouse on the issues in your divorce case such as: the distribution of marital assets and debts, alimony or the lack of it, children’s’ issues like time-sharing, parental responsibility, and child support calculated pursuant to the guidelines, you may be good candidates for an uncontested divorce. If you would like more information on the uncontested divorce process and to find out if it may be right for you please contact us to arrange a consultation.