What is an uncontested divorce?

Sometimes a married couple can agree on terms of divorce and division of marital property, and even agree on child support and visitation. Typically the husband or wife hires an attorney and the attorney prepares the necessary documents to file with the court. After 60 days, the attorney and her client appear before the judge. The attorney will then ask her client a short list of questions to verify the property agreement and child support and visitation agreements contained in the divorce decree.  more

Smart people decide the terms of their own divorce. The divorce judges in Bernalillo County will usually sign off on a "Stipulated Final Decree" submitted to them by the divorcing couple. This means that the couple has agreed to the terms of their divorce. In many uncontested divorces, nobody has to be served and the parties never even see a judge.  more

Syrtash & Grunwald: Most often the divorce itself is not contested. In those cases the party being served with the divorce documents may chose not to oppose the request for a divorce and not file any responding material. It is no longer seen as a sign of shame if the other person "gets" the divorce. This usually happens where the parties have already negotiated the terms of their separation and have a separation agreement, marriage contract, or cohabitation agreement. The divorce judgment in these cases may include the terms already agreed upon or not make any reference to anything but the divorce itself. If you are the person being served with divorce documents and think that everything has been agreed upon, you should be sure you have it in a proper agreement before allowing the divorce to go through uncontested. This is one of those situations where you should have advice from a family law lawyer before deciding whether to let the divorce go through uncontested. Just thinking you ...  more

A14: In an Uncontested Divorce, one of the parties is a Petitioner and one of the parties is a Respondent. Both parties have resolved all issues and must sign an agreement setting forth the division of their property, responsibility for marital debts, and issues involving the children. Both parties must complete a Financial Affidavit and all other necessary forms. The Petitioner MUST attend the final hearing.  more

A. An uncontested divorce is a divorce in which both parties have agreed on everything, including custody, child support, debt and asset division, etc. If both parties have not reached a mutual agreement, the divorce is considered contested.  more

An uncontested divorce is a divorce in which both parties have agreed on everything, including custody, child support, debt and asset division, etc. If both parties have not reached a mutual agreement, the divorce is considered contested.  more

A divorce is uncontested when the couple can agree on all the issues between them related to the divorce. These issues may include division of property and debt, parenting plans and custody, support for the children and support for a dependent spouse.

An uncontested divorce is one in which the parties do not desire to fight and therefore will not contest (fight) the action. In many of these divorces the parties are still friendly and are able to work things out. If there is anything to sort out; they can do it. If there are children they work out a fair visitation schedule and are not fighting over custody. They do everything to avoid going to trial and permitting the Court and two lawyers make a decision that may make both unhappy. Most people are please to discover that there is an "alternative to the old problem." When a decision is made to have an uncontested divorce everything moves faster and less expensive. Both husband and wife maintain control over their futures by reaching their own decisions. Many times the parties are able to maintain (or reestablish) a civil relationship. The friendly manner in which the divorce is processed goes a long way in helping divorced parents jointly raise their children.

An uncontested divorce is one in which the parties negotiate their own settlement rather than going to trial and letting the commissioner or judge decide the issues for them. Many people find that an uncontested divorce is advantageous for several reasons. The process tends to be faster and less expensive when the divorce is uncontested. The parties maintain control over their futures 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. An uncontested divorce agreement can be accomplished through direct negotiation between the parties, or through mediation.  more

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. LegalZoom only offers divorce services if the divorce is uncontested. How long before the divorce is final? Oftentimes, divorces will not become final until a mandatory waiting period has passed. Waiting periods generally range from zero to six months after the initial divorce petition is filed and served on the other spouse. Although a judge may make a final ruling ...  more