What is an uncontested divorce?
An uncontested divorce is one where the parties are in agreement about getting divorced and how to resolve all the issues in the divorce. This means the parties are in agreement on how to divide assets and debts, support (both spousal and child), and custody and visitation if there are children of the marriage.
Sometimes a divorce will be uncontested from the beginning. In cases, the parties may reach a settlement on all issues through mediation or after certain issues are resolved by the court.
Where the parties are in agreement from the start of the case, it may be better for them to file a “default with agreement” divorce judgment. To learn more about default with agreement divorces click here.
Many times, the parties aren’t in agreement at the beginning of the case and both will file documents with the court (called “appearing” in the case). Later, the parties may reach a settlement. In these cases, one party can file for an “uncontested judgment.” This type of judgment is when both parties have appeared in the case but have an agreement.
Some parties will come to an agreement through mediation. For them, the mediator may be the person who helps them write up their agreements and prepare the documents to submit to the court. Or, the parties may have had lawyers through their mediation and the lawyers will prepare the paperwork.
Other people are able to reach an agreement by themselves. They may seek help from their county’s self-help center to file their judgment or they may retain a lawyer to help them.
What are the benefits of an uncontested divorce?
An uncontested divorce is generally less expensive than a contested divorce. When the parties are in agreement, they don’t need to have court hearings for a judge to decide an issue. There are fewer filing fees. Lawyer fees tend to be lower because the lawyer doesn’t need to draft many pleadings, prepare for court, or appear in court. It also means that the parties don’t need to take time off work.
An uncontested divorce may be faster than a contested divorce. Where the parties are in agreement from the beginning or early on, they can prepare all the paperwork for the judgment and submit it to the court quickly. Then, they can just wait for their paperwork to be processed and the required time to pass.
An uncontested divorce is often much less stressful for the parties and their families. The parties don’t need to go to court or have a judge make decisions in their lives.
Is an uncontested divorce right for you? Contact Romanovska Law to discuss your matter.