Uncontested Divorces

An uncontested divorce is the least expensive and most painless form of divorce. Even in an uncontested divorce you must have separate attorneys. Legally, one divorce attorney cannot represent both parties. An uncontested divorce provides the maximum opportunity for both parties to be satisfied with the results.

Uncontested divorces are fairly common and even in situations where one or both parties are very hostile or uncooperative, with a little patience, they can often be convinced to consider uncontested divorce once some of the initial emotional impact wears off and they realize how difficult, time consuming and expensive it can be to battle it out in court.

Issues which must be resolved in any divorce include:

• Division of property
• Child custody
• Spousal support
• Child support

While child support can usually be agreed upon between spouses, if one spouse receives financial aid from the government to care for the child, the courts may get involved and demand a higher level of child support from the other parent in order to repay this amount.

Some couples can work out the terms of the divorce without involving a third party. Others can still keep the battle out of the courtroom by working with a mediator. Once an agreement is reached each party should have the agreement reviewed by an independent divorce attorney before submitting it to the courts for finalization.

There are some situations in which an uncontested divorce is not appropriate. These situations include:

• One spouse is at a significant disadvantage in his or her ability to understand the law
• Domestic violence or intimidation is involved
• One party refuses to cooperate or discuss the divorce

If one spouse files for divorce and the other party is properly served and fails to respond, an uncontested divorce is automatically granted.

If you are facing or contemplating a divorce, uncontested divorce may be the best option. Contact an experienced divorce attorney today.