7 Reasons Why Uncontested Divorce Is Right for You

Did you know the US divorce rate in 2022 is currently around 2.3 per 1000 population? The rates have significantly declined over the past few decades, but divorce is still a reality for many couples.

While some divorces are amicable, and both parties can agree on most things, other divorces are much more contentious. If you find yourself in the latter category, you may wonder if an uncontested divorce is right for you.

Keep reading to learn why uncontested divorce is right for you and how it can benefit your situation.

What Is Uncontested Divorce?

An uncontested divorce is when both parties involved in the divorce agree on all issues. It includes child custody, visitation, child support, spousal support, and division of assets.

You can file for an uncontested divorce if you agree on all issues. The agreement is contrary to a contested divorce, where the parties cannot agree on one or more issues and have to go to court to have a judge make a decision.

Upon agreement on all issues, the couple will file for divorce with the court and present their agreement. The judge will either approve or deny the agreement, but as long as both parties agree, it’s highly likely the judge will approve it.

If you have children, uncontested divorce is often the best option because it allows you to control how your children will be raised and what kind of relationship they will have with each parent.

Read More: Here's How To Get A Cheap and Quick Divorce – So You Can Move On

7 Benefits of Uncontested Divorce

The last thing you want is to drag your divorce out in court for months or even years. Not only is it emotionally draining, but it’s also very expensive. If you can’t afford to drag out your divorce, an uncontested divorce is right for you.

Here are seven reasons uncontested divorce is right for you:

1. Less Stressful

Whatever the reason for your divorce, the process is bound to be stressful. You already have to deal with the emotional stress of the situation, and you don’t need the added stress of a long, drawn-out legal battle.

If you can agree with your spouse on all issues, it will be much less stressful for everyone involved. You can avoid the stress of going to court and dealing with a judge who will make decisions about your life.

It’s also less stressful for your children because they won’t have to witness their parents fighting in court. An uncontested divorce is one of the best ways to protect your children from the stress of divorce.

2. Saves Money

The court process for a contested divorce can be expensive. You have to pay for your attorney, your spouse’s attorney, and the cost of going to court. If you can reach an agreement without going to court, you can save a lot of money.

You and your spouse can reach an agreement on your own or with the help of a mediator. You can also use the services of an uncontested divorce lawyer to help you reach an agreement. Either way, it will be less expensive than going to court.

3. Faster

The drag-out court process of a contested divorce can take months or even years to resolve. An uncontested divorce, on the other hand, can be finalized in as little as a few weeks. Once you reach an agreement, you must file the necessary paperwork with the court.

If you want to move on with your life as quickly as possible, an uncontested divorce is the best way to do it.

4. More Control

In a contested divorce, you must leave the important decisions to a judge. For instance, a judge will decide how your assets will be divided, how much child support you’ll pay, and who gets custody of the children.

If you want more control over your divorce's outcome, an uncontested divorce is right for you. You and your spouse can decide how to divide your assets, how much child support you’ll pay, and who gets custody of the children.

You can also make decisions about how you’ll raise your children and what kind of relationship they’ll have with each parent. With an uncontested divorce, you have the power to make these important decisions.

5. Privacy

Your dirty laundry will be aired in public when you go to court for a contested divorce. It can be embarrassing and humiliating to have your business on display for the world to see.

If you want to keep your divorce private, an uncontested divorce is the best way to do it.

You and your spouse can agree without airing your dirty laundry in public. This is especially crucial if you're a public figure or have children. You can protect your privacy by keeping your divorce out of the courtroom.

6. Better Relationship With Your Ex-Spouse

Some divorce cases end up with a lot of bitterness and resentment. If you have children, this can make co-parenting more difficult. Maintaining a cordial relationship can also be difficult if you have to see each other in court.

If you want to maintain a good relationship with your ex-spouse, an uncontested divorce is the best way to do it. You can avoid the bitterness and resentment that comes with a contested divorce.

7. Save Your Sanity

A contested divorce can be a nightmare. You have to deal with the emotional stress of the situation, and you also have to deal with the legal process. It can be time-consuming and expensive.

If you want to save your sanity, an uncontested divorce is the best way to do it. You can avoid the legal process and the emotional stress of a contested divorce.

It’s not always possible to have an uncontested divorce. But if you can reach an agreement with your spouse, it’s the best way to go.

Requirements for an Uncontested Divorce

In the US, you need to have grounds for divorce and residency requirements. Residency requirements vary from state to state, but usually, you’ll need to have lived in the state for at least six months.

As for grounds, most states recognize either fault or no-fault grounds. Fault grounds for divorce include adultery, abandonment, cruelty, and incarceration.

No-fault grounds for divorce include irreconcilable differences, separation, and incurable insanity.

Some states require that you and your spouse have been separated for a certain period before filing for divorce, usually six months to a year.

You should consult an attorney to determine your state's specific requirements for an uncontested divorce.

You and your spouse must agree on all terms of the divorce. You and your spouse must agree on all of the following:

  • How will your assets be divided
  • How much child support you’ll pay
  • Who gets custody of the children
  • How you’ll raise your children
  • What kind of relationship will children have with each parent

If you can agree on these things, you can get an uncontested divorce. If you can’t agree on these things, you’ll have to go to court for a contested divorce.

You may also be able to get an uncontested divorce if you’re willing to compromise. You and your spouse may not agree on everything, but if you’re willing to compromise, you may be able to reach an agreement.

The Process of an Uncontested Divorce

The process of an uncontested divorce is relatively simple. We've summarized the process in five steps:

Choose Your Divorce Lawyer

If you’re going to have an uncontested divorce, you’ll may still want to hire a divorce lawyer. You and your spouse will each need to hire a lawyer.

Your lawyers will help you agree on the terms of your divorce. They’ll also ensure that the agreement is fair and meets your state's requirements.

The agreement will include all of the terms of your divorce, such as how you’ll divide your assets and how much child support you’ll pay.

Your lawyer will also help you file the necessary paperwork with the court.

Your other options are to hire a mediator, a collaborative divorce attorney or even try online divorce.

Read More: Hiring a Collaborative Divorce Attorney That’s Right For You

Reach an Agreement

You and your spouse will need to agree on the terms of your divorce. The negotiation process can be difficult, but it’s important to remember that you’re trying to reach a fair agreement.

You and your spouse will need to communicate with each other during the negotiation process. You may also need to compromise on some of the terms of your divorce.

Once you reach an agreement, your lawyers will help you put the agreement into writing.

File the Necessary Paperwork

Once you reach an agreement, your lawyers will help you file the necessary paperwork with the court. The paperwork will include the terms of your agreement.

You’ll also need to file a divorce petition with the court. The divorce petition is a document that specifies the grounds for your divorce. You’ll need to file other documents with the court, such as a financial affidavit and a child custody agreement.

The court will issue a divorce decree, the legal document finalizing your divorce.

Attend the Final Hearing

You and your spouse will need to attend a final hearing. The hearing is typically brief, and it’s usually just a formality. At the hearing, the judge will ensure you’ve met all the requirements for an uncontested divorce.

The judge will then sign the divorce decree, which will make your divorce official.

Get Divorced

After you attend the final hearing, you’ll be divorced. You and your spouse will then be free to move on.

3 Circumstances When an Uncontested Divorce Is Not Ideal

An uncontested divorce is a great option for couples who want to avoid the stress of a trial. However, there are some circumstances when an uncontested divorce is not ideal. Here are three of them:

1. Complex Financial Situation

If you and your spouse have a complex financial situation, an uncontested divorce may not be right for you. Instead, you may need to go to court to get a fair division of your assets. For instance, you may need to go to court to divide your debt if you have a lot of debt.

You should also consider whether you can agree on how to divide your assets. If you can’t agree, an uncontested divorce may not be right for you.

2. Domestic Violence

If you’re a victim of domestic violence, an uncontested divorce may not be right for you. You should consider whether you can agree on child custody and visitation. You should also consider whether you’ll be able to have a safe and healthy relationship with your spouse.

If you can’t reach an agreement, you may need to go to court to have a judge make a decision. This is especially true if, as the victim of domestic violence, you’re not comfortable communicating with your spouse.

3. Safety Concerns

If you've just discovered your partner was involved in illegal activities, it's best to hire an attorney and go the contested route. For instance, if you believe your partner was involved in money laundering, tax evasion, or any other criminal activity, you should hire an attorney. 

You may need to go to court to protect yourself and your assets.

Uncontested divorces require both parties to be in communication and sign off on all decisions. If you have safety concerns, an uncontested divorce may not be right for you.

Read More: Can I Get a Divorce Without My Spouse Knowing?

Final Word

Divorce should be your last resort. You should only get a divorce if you’ve exhausted all other options. Divorce is difficult, and it’s important to consider all factors that may impact your decision.

If you’re considering an uncontested divorce, you should consider the factors that may impact your decision. You should also consider whether an uncontested divorce is right for you.

An uncontested divorce is a great option for couples who want to avoid the stress of a trial. It is cheaper and faster than a contested divorce. However, there are some circumstances when an uncontested divorce is not ideal. You should consider all of the factors.

Now that you know the reasons why uncontested divorce is right for you, you should consult with an attorney to discuss your legal options. Contact us today to schedule a consultation. We can help you determine whether an uncontested divorce is right for you.