An uncontested divorce can provide a more efficient way to end a marriage when both spouses agree on the important terms. Even when there is little conflict, it is important to make sure your agreement properly addresses financial decisions, property, parenting issues, and child support.
An uncontested divorce occurs when both spouses agree to the divorce and the major terms needed to finalize the divorce.
The timeline for an uncontested divorce depends on the case circumstances, the documents that must be prepared, and the court’s schedule.
Uncontested divorces often proceed more efficiently than contested cases because they may involve fewer hearings, motions, discovery disputes, and other contested proceedings.
Determine whether spouses can agree on major financial/parenting issues.
One spouse files a Petition for Dissolution of Marriage with the court.
Spouses’ financial agreements are typically documented in a Marital Settlement Agreement.
When minor children are involved, parents may also need to prepare a Parenting Plan.
The court reviews the agreements and other documents before entering the Judgment for Dissolution of Marriage.
Unexplained withdrawals, transfers, incomplete disclosures or disputed valuations
A divorce doesn’t have to start completely uncontested.
If spouses agree on most issues but still have a few matters to resolve, negotiation, mediation, or attorney-assisted settlement discussions may help.
A contested divorce can also become uncontested if the spouses resolve their remaining disagreements before the court has to decide for them
