Is Uncontested Divorce Right For You?

Posted on: 13 April 2015

Getting divorced is often a needlessly complex and difficult process. It doesn't have to be that way. If you and your spouse can agree to an uncontested divorce, you can save yourself a lot of time, money, heartache, and bad feelings. Why protract an already difficult process when it can be done more easily?

What is an Uncontested Divorce?

An uncontested divorce is one in which the divorcing spouses come to an agreement on every aspect of their separation. Neither spouse is interested in or willing to argue with the claims of the other. They are designed to be a quick and relatively painless way to separate.

The benefits of an uncontested divorce include:

  • Eliminated Need for a Lawyer
  • Increased Efficiency and Speed
  • Decreased Strain on Children
  • Lowered Levels of Stress
  • Lessened Expenses

These benefits make uncontested divorces an attractive alternative to the kinds of messy, protracted, and highly personal divorces that can ruin friendships and relationships, and make things hard on you and your children.

Do I Qualify for an Uncontested Divorce?

The surprising truth about uncontested divorce is that any marriage can qualify. The only reason any divorce is contested is because couples don't agree with every aspect of the divorce and force it to become contested.

Divorce aspects that must be agreed upon in an uncontested divorce include:

  • Asset Division
  • Child Custody
  • Visitation Rights
  • Spousal Maintenance

Child custody and visitation rights are often the most difficult aspects to decide on in a divorce. However, if you and your spouse can hash those out and come to a reasonable decision, you can write an uncontested divorce agreement.

How Do I Write an Uncontested Divorce Agreement?

Divorcees can write their own uncontested divorce agreement, as long as they understand all the aspects that they must consider before it is finalized. These documents are legally binding and require a complete breakdown of all your assets, a detailed description of custody and visitation rights, the ways your tangible property and debts will be distributed, and much more.

If you're uncomfortable with this legally binding process, you can use a uncontested divorce agreement form instead. These forms, which vary from state to state, will help guide you through the process in an easy-to-understand manner.

If you and your spouse are interested in an uncontested agreement, it might not hurt to get some basic legal advice from a divorce lawyer, such as those at Begley Carlin & Mandio LLP. Many are willing to give advice in cases like yours and may even be willing to fine-tune your paperwork for a small fee.