Uncontested divorce is a quick and inexpensive method for ending a marriage without apportioning fault. It is suitable for couples who can handle the situation amicably and agree that divorce is the best solution. Parties need an attorney or can represent themselves, and the divorce becomes a public matter, but private details are not available. It can prevent the acrimonious escalation of bad relationships and is helpful for friends, family, and children affected by the marriage breakdown. Couples can discuss the matter with an attorney or meet with a mediator to discuss equitable division of property, child custody, and other matters of concern.
An uncontested divorce is a dissolution of a marriage in which the parties must not apportion fault or wrongdoing. Instead, they petition for divorce, a judge grants it, and the marriage is legally dissolved, allowing both parties to move on with their lives. This approach is suitable for many people seeking to end a marriage and provides a quick and inexpensive method for divorce, in regions where people can file for divorce without contest.
Historically, people had to provide evidence when they wanted to end a marriage and divorces could get very heated. The case would go to court, requiring the partners to testify about the intimate details of the marriage for the judge to have enough evidence to grant the divorce petition. This was often costly, as well as humiliating, for all parties involved, because private matters would become public. Divorce without contest provides a mechanism to handle divorces privately.
Each party to the divorce will need an attorney or, in some states, the parties may represent themselves. Often all parties meet to discuss the divorce and prepare the petition. The divorce will become a public matter, but all the details are not publicly available. People won’t know why the couple divorced and they won’t learn anything about how they chose to divide their assets. One potential risk of an uncontested divorce for people concerned about assets is that they can’t use malfeasance by the other partner as evidence of an unequal distribution of assets.
This method of divorce is most appropriate when both partners agree that divorce is the best solution for their needs and can handle the situation amicably. No-contest divorce keeps proceedings reasonably amicable and can prevent the acrimonious escalation of bad relationships between the partners, because they don’t need to be adversarial in court. This can also be helpful for friends, family, and children affected by the marriage breakdown, because they won’t feel the need to take sides or get involved in the marriage breakdown.
People who want to pursue an out-of-court divorce can discuss the matter with an attorney. It is important to be aware that the same lawyer cannot represent both partners as this could create a conflict of interest. It may also be helpful to meet with a mediator to discuss equitable division of property, child custody, and other matters of concern.
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