An uncontested divorce is one wherein the parties are able to negotiate an agreement on all the terms and conditions of their split, without resorting to litigation.
Uncontested divorces are more common than not, these days, and there are many good reasons for that reality.
Cost savings
Litigation is expensive. The legal costs for both sides can really pile up when they’re paying by the hour for endless motions and court appearances.
Time savings
A contested divorce can drag on for years, while an uncontested divorce can be over in a matter of months from the time of filing.
Reduced stress
Divorce is already stressful enough, but litigation adds a whole new element of pressure for most people. It’s hard to juggle court appearances with work and the demands of parenthood, for example.
More control
When a judge has to make the decision in a case, the two parties involved have very little say in the results. The court may resort to formulaic judgments that leave both sides unhappy. An uncontested divorce allows both sides to retain more control over their futures.
More privacy
An uncontested divorce is a private matter between the parties and does not involve a public trial or hearing. If you don’t want your personal business to become public knowledge, which can be particularly important in a high-profile case, an uncontested divorce is often the way to go.
Less hostility
Litigation is a necessarily adversarial process, and that creates a lot of hard feelings in an already emotionally heavy situation. If you want to preserve a friendship, a working business relationship or a good co-parenting relationship with your ex-spouse, the negotiation process of an uncontested divorce can help you achieve that goal.
Better for the children
If you have children, an uncontested divorce can be better because it reduces the stress and conflict between you and your co-parent, which can help you both focus more on what your children need.
Uncontested divorce isn’t the right option for everybody, but it does offer substantial benefits for most people. Seeking experienced legal guidance can help you better understand your options.
