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What is an Uncontested Divorce?

What is an Uncontested Divorce?

An uncontested divorce is where both parties agree to the terms of a marital settlement before the case is ever filed, thus allowing you and your spouse to avoid the litigation process.

Why you Might Consider Uncontested Divorce

Divorce litigation can be costly. Court fees, attorney fees, expert fees, and various other expenses can make divorce litigation costly. While there are some expenses to be considered in an uncontested divorce, the overall cost is substantially less than a litigated case.

Divorce litigation can also be time consuming and emotionally draining. Proceedings can span a period of months or years depending on how complex the issues are. One major benefit of an uncontested divorce is that neither spouse is required to appear in court.

All Settlement Terms Must Be Agreed Upon

In order for this option to be viable both parties must agree all the settlement terms including:child custody and visitation, child and spousal support, attorney fees, property division, and debt division. Once an agreement is reached, to obtain an efficient divorce paperwork must be properly filed. The marital status of the parties will not terminate until six months from the date the non-filing party is served. There are also alternative options if you and your spouse cannot reach an agreement on the settlement terms.

Is an Uncontested Divorce for You?

An experienced lawyer can help you at the outset of your case to determine your family’s needs. And it is important to consider that uncontested divorces are not appropriate in all cases. Such cases might be if you have a large marital estate, complex legal issues, or an unreasonable spouse. Additionally, if there is a history of domestic violence that has occurred in your marriage, an uncontested divorce is not for you.


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