Your Uncontested Divorce Option

By Staff Writer

Too much of what we hear about today about divorce involves the tremendous lengths to which parties will go to in order to "get even" with each other or to get what "they want". There are tremendous emotional and financial costs involved in these strategies. Divorce does not have to resort to such low tactics and can be handled in a rational and amicable manner. If you and your spouse can talk with each other in a civilized manner, putting aside your hurt feelings for the benefit of resolving your issues in a rational manner, Uncontested Divorce may be an option for you.

Uncontested Divorce requires that you and your spouse able to agree on all of the issues that are relevant to your family. Those issues include custody, child support, property division, alimony, and in some states, fault divorce. It is within your control in every state to agree to an Uncontested Divorce. In fact, because of court congestion and the real fact that divorce is incredibly stressful to the parties and damaging to their children, Courts generally encourage parties to settle their divorce cases and encourage Uncontested Divorces.

States have specific requirements for the resolution of divorce actions. If you and your spouse are considering proceeding with an uncontested divorce, you should consult with a local attorney to learn about your state’s requirements. When considering an uncontested divorce, you must examine the procedural status of your case. Some couples decide from the outset that they want an Uncontested Divorce. They do not file any papers in court and work either on their own, with a mediator, or with their attorneys to arrive at an amicable Agreement. If a divorce action has not yet been started, you have the benefit of time to work on reaching an agreement with your spouse.

Other couples decide after they have already started the court filings that they want to stop that process and work towards an agreed upon or Uncontested Divorce. If a divorce action is pending and you want to enter into an Agreement instead of proceeding with the litigation, you will have to abide by your Court’s calendar. In some states, Courts provide a very short time period before a divorce case goes to trial. If that is the case in your state and if your case has been filed in court, you may have to expedite your settlement negotiations in order to reach an amicable settlement.

Every uncontested divorce begins with negotiations between the parties. You will have to reach an agreement on the division of your assets, custody, support and other relevant issues. You must then decide how you would like to proceed. You can decide to stay legally separated for a period of time, or you can obtain a divorce right away.

If you would like to remain separated, you can enter into a Separation Agreement that contains all of the terms of your agreement. Every state has specific requirements on what must be in that Agreement. If you would like to proceed with a divorce right away, you also have to enter into an Agreement that covers all of the issues relevant to your family situation. If you have already filed in court, there are two ways to enter into an Agreement: by going before the Court to tell the Judge what the details of the Agreement are, or by entering into a written Agreement. Again, every state has it’s own requirements for how these two types of Agreements may be prepared.

If you have elected to obtain a divorce right away, you will still have to submit the actual Divorce Papers to the Court after you finalize your Agreement. Those papers must be in the format required by your state. After the papers are signed by the Court and filed, you will be divorced.

There are many benefits in proceeding with an uncontested divorce. The most significant are the savings to you pocketbook, the sheltering of your children from divorce litigation, and the reduction of stress in your own personal life. Uncontested divorce offers a cost effective and sane method of resolving your family dispute.