What Is an Uncontested Divorce?

When most people think of a divorce, they think of an ordeal that lasts for months, involves a lot of expensive lawyer and court fees, and often leads to animosity between spouses. This alone can cause people to ultimately avoid divorce, but that’s sometimes not preferable either since it keeps them in a marriage in which they’re ultimately unhappy.

But what if there were a way you could possibly avoid some of the headaches that a divorce can bring about and even save yourself money in the process? With an uncontested divorce, you could very well do so.

What Is Uncontested Divorce?

To put it simply, an uncontested divorce is a divorce where both spouses agree to all of the major terms and provisions of their divorce before filing it with the court. The court simply reviews the agreement to ensure it’s legal and fair, and then signs off on it if they don’t find any problems or faults with it. Because this process is so simple, uncontested divorces are sometimes referred to as “simplified divorces.”

In most cases, these divorces are reserved for couples who have either been married for just a short period of time, or those who do not have any minor children. This means property division is fairly straightforward, and there are no child custody issues that need to be worked out, which are often the two biggest hurdles to overcome in a divorce.

Benefits of Uncontested Divorce

Uncontested divorce has a number of benefits that a traditional divorce simply can’t offer. Traditional divorces require going to court to litigate the different provisions, which often leaves a degree of uncertainty. You and your spouse may mostly agree on what your divorce should look like, but that doesn’t really mean anything when a judge has the final say. They could agree with your plan, or they could disagree and toss it out completely. You lose a lot of control when going through a traditional divorce that you would otherwise have in an uncontested matter.

Uncontested divorces also help save a lot on your divorce proceedings. In a traditional divorce, you’ll have to attend multiple court dates, with each one incurring fees that can add up quickly. You’ll also have to pay filing fees, deal with increased legal fees, and so much more. Conversely, an uncontested divorce is usually done through mediation sessions, which are more informal, don’t take place in a courtroom, and not limited to certain procedures. It’s usually far faster and less stressful to negotiate a divorce as opposed to litigation, and that means considerably greater savings.

Drawbacks of Uncontested Divorce

There is one major drawback to an uncontested divorce: if you and your spouse can’t come to an agreement, your case must revert to an uncontested divorce, and you’ll have to go through the entire process as a normal case. This happens for just a single disagreement—you may agree on everything else, but if there’s one sticking point you can’t move past, then uncontested divorce is not for you.

Before you consider this type of divorce case, it’s important to consider whether or not it’s worth pursuing. If your relationship with your spouse is already strained through considerable disagreement, this method probably isn’t right for you. However, for couples who genuinely want to make the effort to work together for a more painless divorce and a better future, uncontested divorce may be the perfect solution.