What’s an uncontested divorce (and how do you get one)?

 Posted on April 30, 2019 in Divorce

Have you and your spouse agreed to a divorce? If you’re hoping to keep things friendly and get through the divorce as quickly as possible, an uncontested divorce may be exactly what you need.

How do you get an uncontested divorce?

Uncontested divorces aren’t right for every couple. In order to qualify for an uncontested divorce, both halves of a couple must:

• Agree to the divorce (usually due to irreconcilable differences or similar grounds) regardless of who files first
• Have no remaining disagreements regarding the division of the marital property
• Have no disagreements regarding spousal support or child support
• Have worked out an acceptable agreement regarding child custody and visitation (if there are any minor children involved)

Any “kink” in these agreements can make an uncontested divorce impossible, so it’s important to make sure that all the issues are ironed out before you head into court.

Why are uncontested divorces so popular?

Uncontested divorces are particularly popular among couples who have no children and few marital assets because they’re fairly streamlined. That means that they’re significantly less expensive than a divorce that has to be litigated. They also move faster through the court, which makes it possible for both parties to move on with their lives without unnecessary delays.

How can you make an uncontested divorce possible?

If you want an uncontested divorce, you want to approach your spouse carefully when you first bring up the subject. Your initial conversation can set the tone for how things play out.

Focus on the fact that neither of you is happy in your marriage. Avoid casting blame on your spouse for the breakdown of the marriage and stress the idea that, sometimes, two perfectly nice people just don’t make a good couple. Accentuate the positives of divorce, including the fact that you are both going to be free to pursue happiness in your own way.

In addition, remember to be cooperative with your spouse on all issues. Fully disclose all your financial dealings and be open to compromises when it comes time to negotiate any important issues, like property, child custody and visitation. Remember that a “good divorce” means that nobody gets exactly what they want, but everybody can live with the results.

If you’re ready to get a divorce, talk to an attorney today about your options.