Divorce is never easy, but an uncontested divorce is considerably “easier” than a contested divorce. If both parties are able to agree on how to divide property, who gets custody of the children and how child and spousal support should be paid, this is known as an uncontested divorce. Ultimately, if a couple can agree on these and the divorce doesn’t go to trial, it is considered an uncontested divorce. Many couples today are finding that online uncontested divorce is the fastest, cheapest option.
There are two types of uncontested divorces: mutual and negotiated. Mutual uncontested divorces are when both parties are in complete agreement; they simply need to file forms in most cases. Negotiated uncontested divorces often use either a lawyer or mediator or other outside party to help reach agreement.
A contested divorce, on the other hand, does involve a trial and generally takes much longer and is more expensive. After a attorney is hired, each party engages in “divorce discovery” where allegations are discussed, evidence and witnesses are gathered, etc. - all of the gathering of evidence to support the petitioning spouse’s case. Some contested divorces are settled out of court, but many - especially contested divorces with children involved - continue to go to trial.
As indicated above, the benefits of an uncontested divorce are that:
Couples who are in agreement on the division of assets, child custody and support are eligible for an uncontested divorce. These couples range from those who are on the same page in terms of being in agreement about separation and division of property (mutual) to those who have sought the assistance of a mediator or lawyer (negotiated).
Yes! Note that Many states do set a time period for when the divorce is official after papers are filed, but if both parties agree on the aforementioned details (assets, kids, etc.) the process can be straightforward. It is easiest when couples don’t share property or children who will have to go through a divorce, but again, it can be done.
Filing for divorce yourself will mean that you have to complete forms yourself and negotiate with your spouse yourself, but many couples find that it’s worth it.
Even if a divorce is uncontested, the parties are required to file a complaint or petition to begin the divorce process. In addition (and if applicable) there are many other types of filings depending on the state where the divorce papers are filed. From a high level, the types of forms often involved in an uncontested divorce are for:
And many more, depending on the state or county.
Because of the sheer number of forms and the implications of what the forms set forth as legal rights, many people going through an uncontested divorce today choose to seek the help of online divorce preparation services like CompleteCase.com.
The length of an uncontested divorce depends largely on how long it takes the couple to reach an agreement about child custody, division of assets, visitation, etc. A mutual uncontested divorce is therefore usually shorter than a negotiated uncontested divorce. Some states require waiting periods after the divorce petition is filed before the court grants a final decree. The length of time uncontested divorce with children.
An uncontested divorce can cost as little as the filing fee (which is a few hundred dollars in most states) to the tens of thousands, depending on lawyer/mediator fees. In many states, couples who can prove themselves indigent can have filing fees waived.
Many people seeking uncontested divorces are now choosing to go the online divorce route. They are able to leverage the experience of the online divorce provider and the ease and accuracy of filling out forms online. CompleteCase.com, for example, only costs $299 and provides unparalleled customer support.