If you want to get through a divorce with as much ease as possible, consider getting an uncontested divorce. This is a type of divorce where both spouses agree on everything in the settlement and neither party wants to contest, or dispute, the terms. An uncontested divorce is also granted when one party files for divorce and the other party does not respond. Here is what you need to know.
How Do Uncontested Divorces Work?
As mentioned, there are two primary ways to get an uncontested divorce. When you and your spouse can agree on all the terms, you are granted an uncontested divorce. This means you agree on alimony, division of property, custody, and child support. You will submit an agreement to the court and wait for an approval from the judge.
The other way to get an uncontested divorce is when one spouse never responds when the other files for a divorce. If this happens, the divorce case will proceed, and the court will decide if the filing spouse will get what they want without input from the other spouse.
How Is an Uncontested Divorce Different Than a Contested Divorce?
The main difference between a contested and an uncontested divorce is communication. When a divorce petition is filed, the court will set a date for both parties to appear. While you wait for the court date, the couple can try to work out their settlement terms on their own. If you can both agree on everything, you can move on to an uncontested divorce by giving the court a divorce settlement. This settlement states you both agree on everything in writing. Once you both confirm that you agree, the judge will grant the settlement. You may be asked to return to court for a hearing.
A contested divorce occurs when the couple cannot agree on one or more terms of the divorce. If this happens, you enter a civil court trial where you each will present your evidence to the court. The judge will look at the evidence and determine how to resolve the issues and issue the divorce.
Why Should You Get an Uncontested Divorce?
An uncontested divorce is much less expensive than a contested divorce. You will save money on attorney's fees because you will not have to use their services as often as you would a contested divorce. You will also save on court fees as you spend very little time in court. You also save a lot of time with an uncontested divorce. If you and your spouse can work out your own settlement, the divorce can potentially be finalized in just a few months, depending on the laws in your state.
For more information, reach out to an uncontested divorce lawyer near you.