Definition of Uncontested Divorce

Uncontested divorce is a divorce which occurs when both spouses come to an agreement that the marriage should end and can agree to amicably resolve the most common divorce issues such as division of debt, division of marital property, child support, and child custody without an extended legal fight.

Uncontested divorces can be easier, less expense and completed more quickly than a highly contentious contested divorce. An uncontested divorce may be referred to as a “simple divorce,” but this does not mean the spouse’s are happy to divorce. It simply means that both spouses were able to settle disputed issues out of court.

Uncontested divorces can also be accomplished through alternative dispute resolution strategies such as mediation and arbitration. This saves time and money by bypassing the lengthy litigation and trial process. An uncontested divorce typically reduces hostility, allowing both parties to resume their lives more quickly following the divorce.

Although a divorce lawyer may not be needed for an uncontested divorce, it may still be a good idea to seek legal counsel if there is property to divide or issues with child custody or child support. To resolve child support issues the couple may have to appear before a judge and get a child support order.

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