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How does an uncontested divorce work?

On Behalf of | Dec 26, 2022 | Divorce

Divorce does not have to be hostile or argumentative, especially if you are on relatively good terms with your spouse. Sure, you may have differing opinions on some things here and there. However, if you can agree on crucial aspects of the divorce with your spouse, you do not have to face each other in court.

It’s what an uncontested divorce is all about – reaching an out-of-court settlement instead of going to trial and having a judge determine how everything will go. Here is what you need to know about an uncontested divorce.

Negotiating a marital settlement agreement

The goal of an uncontested divorce is to reach a compromise with your spouse on how to handle the crucial aspects of the divorce, such as alimony, property division and child custody and support.

Negotiating an amicable divorce settlement involves a lot of give and take, and you both need to be ready to make some concessions. When you come to the negotiating table, do not hide any information relevant to the negotiations, like your finances, or act in bad faith. It may void the final agreement.

The benefits of an uncontested divorce

There are several advantages of an uncontested divorce compared to a contested divorce. For starters, it is cheaper, faster and gives you more control. In addition, it is much easier to co-parent if you both contributed to the settlement agreement, which includes how to divide parental responsibilities.

There is also an element of privacy since the discussions with your spouse are not public. When divorces end up in court, documents and proceedings can become public.

Are you considering an uncontested divorce?

It is worthwhile to learn more about your legal rights and what to expect during settlement negotiations if you are thinking of settling your divorce without a contest. Having the necessary information will help you navigate the divorce and help ensure that you get a fair settlement.