To protect your safety during the coronavirus (Covid-19) crisis, we “strongly encourage” telephone and video conferences, versus face-to-face meetings. Please contact our office today to set up a remote consultation.

How do you decide if you should pursue an uncontested divorce?

On Behalf of | Feb 3, 2022 | Divorce |

There are two kinds of divorce available. These include an uncontested divorce and contested divorce. Basically explained, an uncontested divorce is one in which both parties agree to divorce and can resolve their financial disputes outside of court. If you cannot resolve your financial issues or do not agree to the divorce, then a contested divorce is the other option.

To decide if you want to pursue an uncontested divorce, you have to look at your current marital state and decide if you will be able to resolve your conflicts outside court. To be eligible for an uncontested divorce, you need to have no disagreements remaining, including issues with:

  • Property division
  • Child support
  • Child custody
  • Spousal support

If you don’t have children and you haven’t been married long, it might be easy to choose this kind of divorce. For others, it may takes some thought before deciding if this will work for them.

Many people are unable to resolve these issues, and so they end up going through a contested divorce instead.

What are the benefits of choosing an uncontested divorce?

If you and your spouse are able to resolve your divorce-related issues outside of court, choosing an uncontested divorce will help you save money on your divorce and lessen the time it takes to divorce overall. There will be fewer legal proceedings, and you may not have as many interactions with your attorney or others in the divorce process.

Uncontested divorces tend to have less conflict than contested, too, so if you have children and need to coparent in the future, it may be beneficial to try to work together to go through an uncontested divorce rather than contesting the divorce and ending up in court.

An uncontested divorce may be the right choice for you

While uncontested divorces aren’t the right choice for everyone, they may be the right option for you if you don’t want to deal with conflict and are confident that you and your spouse can resolve your issues prior to going to court. This kind of divorce is helpful for people with few financial issues to discuss, but even those with complex divorces may pursue one if they can work together to resolve their disputes outside the courtroom.

FindLaw Network