What is an Uncontested Divorce?

You just had your divorce consultation and you are hoping for a clean and simple divorce? It’s actually possible—if you and your spouse are parting on good terms. For married couples who’ve both decided that it’s time to move on and they want to part as friends, filing for an uncontested divorce with your lawyer can save you time, money, and a lot of stress.

What Does Uncontested Divorce Mean?

An uncontested divorce means that both you and your spouse agree that you want to file for divorce and moreover, you both agree to the terms of the divorce. Being in total agreement cuts down on court proceedings and paperwork because there is less to “contest.” An uncontested divorce situation is especially ideal for couples who don’t have children, thus no child custody or child support issues to sort out, and are self-sufficient, thus not seeking any spousal support. However, it is possible to have an uncontested divorce if you and your spouse have children and have reached an agreement on the terms of custody and both child support and spousal support.  

Do I Need a Lawyer for an Uncontested Divorce?

No matter how much you trust your spouse, you should always consult a family law lawyer before signing the final terms for your divorce. A good attorney will make sure your paperwork is done correctly and that you don’t get hung out to dry by anything hidden in the fine print.

Why is Uncontested Divorce Better than Normal Divorce?

When you and your spouse cannot reach an agreement amongst yourselves, the court must step in and decide for you.  If you have to claw your way through contested divorce proceedings, not only is this process frustrating and stressful, but ultimately both you and your spouse will spend more money on legal fees and more time tied up in the court system.

An uncontested divorce, on the other hand, requires that both spouses agree to the terms of the divorce, which includes being on the same page in regards to issues of spousal support and what is a fair division of assets and debts.  Essentially, both spouses should be in agreement as to what is equitable and share the same desires for how you should best part ways. Ideally, you both enter the marriage dissolution process with a similar mindset and amicable sentiments.  By having agreed upon the terms of your divorce prior to filing to end your marriage, you will drastically speed up the timeline for your divorce and reduce your overall expenses.    

Who is Eligible to Get an Uncontested Divorce?

To have an uncontested divorce, you both have to agree on every aspect of your divorce. If your spouse refuses to accept the divorce or any of the terms that you’ve presented, you won’t be eligible. In some states, having children also makes you ineligible for this process.

Both you and your spouse have to agree to the dissolution of your marriage and the financial terms set forth, including all stipulations on spousal support, child support, child custody, and property division.

When is an Uncontested Divorce a Bad Idea?

If you and your spouse are not on amicable terms with clear lines of communication, then an uncontested divorce is not for you. Further, if you do not trust your spouse to be transparent and fair, you’ll want to take your case to a judge to ensure an equitable divorce.

If your divorce terms are complicated due to family or financial constraints, it’s best to spend the extra time and money making sure that you’ve fully cared for the details that will affect your family’s future.  

If you’re interested in an uncontested divorce and want to discuss it with an experienced divorce attorney in Los Angeles or Denver, reach out to our team at Duncan Family Law at (855) 369-9993. As leaders in Colorado and California divorce and family law, we can guide you through each step of the marriage dissolution process to make it as efficient and painless as possible. Call or email us today to schedule a fully remote phone or video consultation.