What is an uncontested divorce?
An uncontested divorce is the fastest and cheapest way to get a divorce. For an uncontested divorce to work, both spouses must agree on the divorce settlement. Usually, only one spouse hires an attorney. The attorney files a petition for divorce with the court, and the non-filing spouse signs a Waiver of Citation, thereby relieving the filing spouse from serving the non-filing spouse with process. The attorney then drafts the agreed upon divorce decree and submits the decree to the court. The decree divorces the parties and states, among other matters, how marital property will be divided, custody of any children and spousal maintenance, if any. The attorney and the filing spouse eventually go before the judge. After the attorney asks his client some routine questions, the judge usually grants the divorce by signing the divorce decree.
Uncontested means there are no disagreements. Specifically, there cannot be one single issue or problem between you and your spouse concerning money; divorce-related issues, child custody, support, property, visitation, etc. Only a very small percentage of divorces are uncontested. In order for you to consider your divorce uncontested, you must have already discussed all issues between your spouse and yourself and there must be a complete agreement with respect to each and every single issue. Many “uncontested” divorces are handled at a very low rate by attorneys but if you look at the fine print, you will see that if there is a division of property or children involved, it will not be handled at a flat rate.
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.
