An uncontested divorce is granted without going to court, but spouses may still have disagreements. It is possible for one spouse to file papers and the other not to respond. Important decisions must be made, but an uncontested divorce allows spouses to work out a settlement themselves. The process involves three steps: initiating the process, providing documentation on important issues, and filing final divorce papers. Uncontested divorces are usually quicker and cheaper than contested divorces, and many couples handle the process on their own.
An uncontested divorce is a divorce that is granted without the spouses having to go to court. The term implies that spouses in an uncontested divorce have no dispute or disagreement about the end of the marriage, but this is not necessarily true. An uncontested divorce simply means that spouses are able to resolve their differences and negotiate a settlement without going to a judge for mediation. A divorce is also considered uncontested when one spouse files papers and the other spouse does not file a formal response.
Ending a marriage is difficult under the best of circumstances, but when one spouse wants a divorce and the other doesn’t, the process can be especially painful. Even when both spouses want a divorce, they are unlikely to agree on all the important issues related to the end of the marriage. Important decisions have to be made on such sensitive issues as child custody, visitation rights, child support, alimony and how to divide assets.
In a disputed divorce, there are major disagreements between the spouses that cannot be resolved. Spouses have to go to court and let a judge decide what is right. In an uncontested divorce, spouses are able to eliminate costly court fees and lengthy proceedings by working out a settlement themselves. This doesn’t necessarily mean that both parties want a divorce. An uncontested divorce may be granted when one spouse does not want a divorce if that spouse realizes that a divorce is inevitable and agrees to negotiate a settlement.
While the specific requirements may vary from place to place, the general procedure for obtaining an uncontested divorce usually involves three steps. First, one spouse must initiate the process by submitting the documents and having them served on the other spouse. Second, spouses must provide documentation that specifically states and describes the terms of the agreement on important issues. This documentation is called a marital settlement agreement or real estate transaction. Thirdly, the final divorce papers, including the marital settlement agreement, must be completed and filed with the court.
Uncontested divorces are usually quicker and cheaper than contested divorces. Most divorces in the United States go uncontested, and many couples handle the entire process on their own. All of the necessary uncontested divorce forms are readily available online, along with instructions for completing and filing them. While legal representation isn’t required in an uncontested divorce, one or both spouses sometimes hire an attorney to help with the negotiation process.
Protect your devices with Threat Protection by NordVPN
