What is an uncontested divorce?

An uncontested divorce is an agreement between both spouses (1) that  the marriage is to end and (2) to reach a mutually satisfying agreement regarding the final divorce settlement. This does not necessarily mean that the divorce is amicable, but merely that all disputes between the spouses will be resolved outside of the courtroom. An uncontested divorce offers the parties an opportunity to end the marriage quietly and with dignity.

As mentioned above, it is more than just an agreement to become divorced. In an uncontested divorce, the parties must be able to reach an agreement on EVERYTHING, including:

• child support/custody
• spousal support
• division of property/assets
• allocation of debt

Essentially, an uncontested divorce will proceed through the system more quickly, be much less complicated, and less of a financial burden. There is no need for court hearings and a court is not needed to divide the assets or make determinations about spousal or child support or custody.

If an attorney is involved, he/she will only represent one of the parties. The primary function of the attorney is to prepare the necessary documents based upon the agreeemnt of the parties. Once the documents are prepared and after the 60-day waiting period, one of the spouses appears before the judge to prove-up (finalize) the divorce. 

"IHOP" talk: If the spouses are able to sit down (at an IHOP or somewhere similar) and reach an agreement on all issues of children, property and debt, and the issues are not too complex to work out one-on-one then an uncontested divorce may be ideal.