An uncontested divorce is the dissolution of a marriage where both parties agree to all the terms of the divorce. An uncontested divorce is a bit of an all-or-nothing situation.
You will only be able to proceed if both people agree to how property, assets, retirement, debt, etc. are to be divided. If there is even one tiny detail that is disputed, you will be facing a contested divorce and will need to have the court resolve the issue.
A contested divorce is the result of spouses disputing some aspect of their divorce. Common topics of the dispute are:
- parenting plans,
- division of assets or debts,
- and spousal support.
Because contested divorces are much more complex, require greater involvement by the court and necessitate more steps to finalize the divorce, they can become expensive.
Contested divorces may have a greater upfront cost, but the long-term consequences of inaction can have long lasting repercussions. For example, not negotiating for equal parenting time can significantly impair your ability to be an involved parent. Additionally, forgoing negotiations over the division of assets and debts can leave you with a less than equitable portion.
What is the benefit of an uncontested divorce?
The most apparent benefit of uncontested divorce is the cost savings. When both parties agree to all the terms of the divorce, the amount of paperwork and attorney’s fees are appreciably reduced. Additionally, when both parties have approved all the terms of the divorce, the process takes significantly less time.
Even if you and your soon to be ex agree on all the terms of your divorce, it is wise to have an attorney review the paperwork before it is filed with the court. Each party should have independent counsel look over the paperwork to ensure all the details are covered and the agreement is equitable.