Uncontested divorce refers to a divorce case in which both spouses who are ending the marriage agree on all the basic terms of the divorce settlement without having to go to trial. They’re already on the same page and willing to work together and compromise.
Conversely, a contested divorce doesn’t mean that they are contesting whether or not the divorce should be allowed. It just means that they can’t agree on issues like how to divide custody time with the kids or how to split up assets. Their divorce will happen either way.
Main advantages of uncontested divorce
As you can imagine, there are some major advantages to an uncontested divorce. Below are a few to keep in mind. An uncontested divorce:
- Saves time and money: Uncontested divorces are often faster and less expensive than contested divorces, which can be lengthy and costly.
- Reduces stress: By avoiding the stress and uncertainty of a trial, uncontested divorces can be less emotionally draining for both spouses. They make the process easier for all involved.
- Promotes cooperation: Uncontested divorces require both spouses to work together and compromise to reach an agreement, which can promote cooperation and set a positive tone for future interactions. This is especially helpful for co-parents.
- Allows for privacy: Uncontested divorces are often less public and can allow for more privacy than contested divorces, which may involve courtroom proceedings and public records.
- Gives more control: With an uncontested divorce, both spouses have more control over the final settlement agreement, rather than leaving it up to a judge to decide. They get to make their own decisions about their future.
- Simplifies the process: Uncontested divorces typically involve fewer legal proceedings, which can make the process simpler and more straightforward – though any case can become legally complex.
- Reduces animosity: By avoiding the confrontational nature of a trial, uncontested divorces can help to reduce animosity between former spouses and allow for a more amicable separation. Once again, this is helpful for parents.
It’s important to note that uncontested divorces may not be possible in all situations. If there are complex financial or custody issues, or if one spouse is not willing to cooperate, a contested divorce may be necessary. It’s important for all involved to know what legal options they have and what steps to take in order to safeguard their interests either way.