What Qualifies As An Uncontested Divorce

If you and your spouse want a divorce, you can streamline the process with an uncontested divorce. Though you may still want a lawyer, you will spend less time in the courts. You can even have an uncontested divorce if you have children. However, an uncontested divorce is not possible for everyone. Keep reading to learn more about uncontested divorce, which situations it is best for, and what happens if you can't qualify for one.

What Is an Uncontested Divorce?

An uncontested divorce is when you and your spouse agree to every aspect of the divorce. For example, you both agree to the division of assets, child custody, child support, and debts. You file paperwork to the courts that explains your agreement. If you disagree on any one thing, you will not qualify for an uncontested divorce.

Who Can Benefit From an Uncontested Divorce?

Couples that can amicably agree and work out their divorce are the best candidates for an uncontested divorce. This type of divorce is ideal for recently married couples with no children. The longer the marriage, and the more children you have, the more difficult the divorce. Couples with a history of problems, such as domestic violence or an inability to communicate calmly should seek an attorney's help.

Does One Need to Go to Court for an Uncontested Divorce?

You may not go to court in some locations if your divorce is truly uncontested. If you and your spouse have completed all the paperwork to the court's satisfaction, you may be able to complete your divorce in the judge's office. In other locations, you may need to go to a hearing for finalization. 

What Happens If You Can't Get an Uncontested Divorce?

If your agreements are unclear or seem to greatly benefit one spouse over the other, then you may not qualify for an uncontested divorce. If you or your spouse can't agree on any part of the divorce, then you need to proceed as a contested divorce. In some states, a judge may deny you if the grounds for divorce is abuse. An uncontested divorce may be difficult because of certain debts or if you have children produced extra-maritally.

An uncontested divorce requires you and your spouse to do a lot of work on your own. However, you should have an attorney help you through the process. The attorney can help explain everything. They can also help with the paperwork so you file what you need without unnecessarily delaying the process. Contact a company like Ritter & LeClere APC Attorneys At Law for more information.