Kathleen J. Smith, Attorney at Law

Is an uncontested divorce the right choice for you?

For some couples facing the end of a marriage, a contested, contentious divorce is not the only option. An uncontested divorce is a valid choice for many California couples, allowing parties to avoid a lengthy litigation process and court battle over various types of divorce issues.

A divorce can be uncontested when both parties agree on issues involving custody, visitation, property division, support and more. With an uncontested case, a spouse would not file any documents that differ from the requests outlined in the submitted divorce petition. While it is not an optimal choice in every situation, it could be a positive choice for you, your soon-to-be ex-spouse and any minor children.

What are the benefits of uncontested divorce?

There are many reasons why couples turn to an uncontested divorce as the best way to end their marriages. By keeping the divorce out of the courtroom and control over the final settlement in the hands of the two spouses, a couple may enjoy the following benefits of an uncontested divorce:

  • It costs less than a contested divorce.
  • The uncontested divorce process moves faster than a contested divorce.
  • It may lay the foundation for less post-divorce conflict between parties.
  • An uncontested divorce allows a couple to keep certain information private.

This type of divorce is not necessarily the best option for couples who have complex marital property to divide, have concerns over child custody arrangements or are unable to agree on spousal support arrangements. Before you make a decision regarding your divorce and your future, you would be wise to carefully consider the impact of all decisions made during this process.

The decisions that you make during a divorce will affect your family for years to come. Whether it is through an uncontested divorce or other option, you have the right to pursue the outcome and final order that is in your best interests and those of your children.

Making a difficult process easier

Divorce is a complex process, but there are choices that can make this difficult time of transition easier. With an uncontested divorce, you may be able to exercise more control over the final order, achieving an outcome that is suitable for the unique needs of your family and your individual objectives. You may be unsure of the best option for you, but you always have the right to fully explore the benefits and implications of every choice available to you.

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