An uncontested divorce is a simple way for a couple filing for, "dissolution of marriage," to end their marriage without having to go through a lengthy trial. Uncontested divorces move through the process of divorce more quickly and with less expense to the couple than a contested divorce. It is a good idea for every couple filing for divorce to try to work things out through an uncontested divorce first. This does not mean that the case will not go before a family court but it can save the couple a lot of time and money. Even if the couple is having issues of dispute or disagreement, the couple can still use an uncontested divorce using an arbitrator or a mediator.
An uncontested divorce is the most common form of divorce in the U.S. It helps to circumvent the drawn out litigation and trial process of a conventional divorce and it usually helps to quell aggression and animosity between the separating couple. It offers the couple a way of ending their marriage with decorum and peace of mind. Of course, this type of divorce is not right for every couple but it is worth looking into.
Typically, an uncontested divorce is best suited for couples that have ironed out many of the more contentious issues of divorce without involvement from the courts. Some of the more problematic issues in a divorce that can be worked out in an uncontested divorce include:
If the couple has children, the uncontested divorce will be sent before a family court for interview and assignment of child-related issues such as physical custody, legal custody, joint custody, visitation rights, and child support. These issues have to go before family court because the court has to make sure that its decision is in the best interest of the child.
If either spouse objects at any point in the proceedings, the case ceases to be an uncontested divorce and will have to proceed to conventional divorce proceeding and family court for conclusion.
It is a good idea to have a divorce lawyer present with you even if you and your spouse have elected to have an uncontested divorce. Having a divorce lawyer with you during these proceedings will ensure that your concerns are addressed and that your rights will be respected. A divorce lawyer can offer advice and suggestions should any unforeseen problems come up during the proceedings.