The thought of a divorce usually calls to mind images of a fighting couple with tensions running high. However, sometimes a couple may choose to end a marriage amicably, acknowledging that the relationship just isn’t working.
When that’s the case, couples may want to consider an uncontested divorce. When both parties agree that it’s time to part ways, an uncontested divorce may allow them to end the marriage gracefully and with minimum conflict and expense.
To have an uncontested divorce, both parties must agree to the split. Issues of alimony and property division are typically worked out by the couple before the divorce and are not brought before a judge. If either couple seeks to get a court involved, the divorce becomes contested.
When children are involved it may complicate things. In some states, couples with children must complete additional paperwork and go before a judge. The state has a significant interest in making sure children are provided for financially, physically and emotionally after their parents divorce.
Even if you are planning an uncontested divorce, the process of ending a marriage can be stressful and difficult. It is important to work with someone who can represent your interests and protect you in or out of court. Even couples who appear to be on the same page should secure their own separate legal counsel. Consider working with an experienced family law attorney who can guide you through the process and pursue the best possible result for you and your loved ones.
Source: Law and Daily Life, “Is an Uncontested Divorce Your Best Option?” Cynthia Hsu, Feb. 2, 2013