Some divorces are so acrimonious that they can only be resolved in court. Most can be resolved out of court through an agreement between the parties. The first thing they have to agree upon is simply the fact that both of them want to get divorced. When the parties can agree to this point, they begin the process known as an uncontested divorce.
What is an uncontested divorce?
An uncontested divorce is possible when neither spouse is fighting the divorce and the couple is able to agree to the primary divorce-related issues, including property division and child custody. It can also include spousal support if spousal support is requested. In situations when the spouses do not agree, the divorce may be considered too complex for the uncontested divorce process.
An uncontested divorce can save time and money. The divorcing couple that elects an uncontested divorce can enjoy a more streamlined divorce process, which means fewer court fees and other costs. If the parties can reach an agreement out of court, the court must only review their agreement to make sure it meets the requirements of state law.
This type of process is more private than a trial because there is less information in the public court record. It may also lead to fewer disputes and less acrimony between the divorcing couple.
Reaching an agreement
There are multiple ways to reach an out-of-court divorce agreement. Some parties sit with their lawyers around a table and negotiate their issues. Others rely on a mediator to facilitate the negotiation.
People who are considering a divorce can speak to an experienced attorney about their options, and how the law may apply to their unique circumstances.