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What Is an Uncontested Divorce?

Judith Trentman Wilson, Attorney at Law, P.C. April 20, 2021

An uncontested divorce is a simplified divorce process that may be beneficial to some divorcing couples. Divorcing couples should be aware if the uncontested divorce option is available to them and what the uncontested divorce process entails.

Uncontested Divorce Basics

An uncontested divorce is a divorce that neither party opposes or contests. The uncontested divorce process may be available in certain circumstances. An uncontested divorce process is a more streamlined process that can save the divorcing couple time and money. To qualify for an uncontested divorce, the divorcing couple must meet a couple of requirements including:

  • Not having any financial disputes, including property division, child support or alimony or spousal support. The divorcing souple should also not have any child custody disputes.

  • Both spouses agree to the divorce and neither wishes to fight it. One spouse failing to show up for the divorce proceedings qualifies and is considered a default agreement to the divorce.

Qualifying for An Uncontested Divorce

In general, to qualify to use the uncontested divorce process, the divorcing couple should not have any contested issues as part of their divorce and should both agree to get the divorce. More complicated divorces with a variety of divorce-related issues in dispute is not likely to be appropriate for an uncontested divorce.

Uncontested divorces can benefit divorcing spouses who agree to their divorce by taking up less time and cost and resolving the couple’s divorce more quickly so they can begin to move forward. The uncontested divorce process can also be more private with fewer public court filings and involve less conflict. For all those reasons, couples who have made the decision to divorce should consider all their options including the uncontested divorce process.