What is a Uncontested Divorce?

A uncontested divorce is a simple and inexpensive way that most people divorce. It gives you and your spouse the chance to agree upon the terms of the divorce so that you can end your marriage quietly and with dignity.

Once the terms of the divorce have been agreed upon then you include them in the uncontested divorce form and sign off on it plus file it. If your having trouble with coming to terms then try using a divorce mediator before you take it to court. Getting a neutral friend or person to help mediate is a lot cheaper than hiring lawyers to argue it out in court. A divorce doesn’t have to be as painful as you might think.

Besides the fact that an uncontested divorce is the least expensive way to divorce there are however also many other advantages. It’s also a private process and helps to keep the level of conflict between you two to a minimum. Of course you will have to put it on public record when you file it but the various proposals and disclosures you made throughout the process doesn’t have to be on public record.

Even if you and your spouse don’t agree on every issue, you two will probably agree that an uncontested divorce is best to help minimize the cost. Sometimes coming to this realization alone will stop the fighting and will prevent a more expensive divorce where you need a lawyer. From there you can then begin to negotiate until you agree upon all the issues and terms of the divorce. It may take some time, but be patient, you can get through it.

Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you’re seeking legal advice.

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Uncontested Divorce Information

According to Jennifer Baker of the Forest Institute of Professional Psychology in Springfield, Missouri, 50% of all first marriages will end in divorce, 67% of all second marriages will end in divorce, and 74% of all third marriages will end in divorce. Many times people go into marriages for the wrong reasons, and predicting the future many years down the road is quite impossible. Thankfully, in the U.S. it is quite simple to get a divorce, that’s if it remains uncontested by the spouse. If the spouse does not agree with all the conditions of the divorce that’s when your going to need a lawyer.

When filing for an uncontested divorce it is not required that you have a lawyer. An uncontested divorce is simply a form you file. If both you and your spouse agree that a divorce is the best option, and can agree on the terms of the uncontested divorce, then filing for divorce will be very inexpensive and easy. You can download uncontested divorce kits that help you prepare your own for a mere twenty bucks, or pay a paralegal or attorney to prepare the form for you for about two-hundred bucks. If you both can not agree on how the assets you jointly own can be divided then you will need a lawyer to contest the divorce in court and allow the judge to decide how to split those assets for you. Although, If you both agree on how your jointly owned assets can be divided then you qualify to file for an uncontested divorce, which doesn’t require a lawyer.

Understand that once you file and both agree to the uncontested divorce, then the divorce is final. In a contested divorce, which requires a lawyer, the judge will usually do what is called a “trial separation”, where couples will separate for awhile to see how life works without each other. Sure if you want to go the expensive route and If the judge put you two on trial separation you could change your mind about divorce before the proceedings are finalized; but this will cost you even more money, plus all the time you wasted just to get to this point.

Now that you have a good idea about the differences between contested divorces and uncontested divorces, let me be clear about uncontested divorces, which is obviously the best route to go. An uncontested divorce means that both parties completely agree that divorce is in their best interest and there is nothing left to argue about, either in terms of the divorce itself or the division of assets. Some couples may have already split their assets and moved out, so filing for divorce for them is almost just a formality.

In an uncontested divorce a divorce lawyer is not necessary. Sometimes people will bring one to the proceeding just in case their spouse begins to argue about the conditions of the divorce. My ideas on bringing a lawyer to the proceeding is that it’s not a good idea. They may create argument and you may be in many future trials arguing about the conditions of the divorce for along time to come with your expensive trial lawyer at your side. On the other hand, if your spouse brought a lawyer to the proceeding and is arguing about the conditions of the divorce, then it’s probably in your best interest to contact a divorce lawyer immediately.

If you do decide to use a lawyer, research there past trial experience. Did they win, or did they lose most cases? Is your lawyer familiar with the divorce laws in your state?

Going through a divorce can be easy, or it can be pain staking. Find out if your spouse wants a contested divorce or uncontested divorce. Make sure that you are ready to do everything you can to make your divorce go smoothly, and allow yourself to restart your life on the right foot.

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