There are generally two types of divorce based on whether there are contested issues between the divorcing spouses or not. In circumstances of an uncontested divorce, the divorcing couple are largely able to work out the major divorce-related issues and agree to how they want to resolve property division, spousal support, child support and child custody. Whenever a couple is entering a divorce process, however, it is likely they have questions.
An uncontested divorce refers to when the divorcing couple agrees to the divorce and the divorce-related issues between the couple are not contested. An uncontested divorce can be less costly and time consuming compared to a traditionally litigated divorce. A litigated divorce, or contested divorce, refers to when the divorcing couple hashes out divorce-related issues through the litigation process.
When the divorcing couple agrees to the major divorce-related issues including child-custody, child support, property division and spousal support, the uncontested divorce process is available to them. In general, the divorce process begins when one spouse files a petition for divorce. The paperwork in an uncontested divorce is simpler, as the couple agrees to the divorce and the major divorce-related issues that must be resolved between them.
An uncontested divorce has a variety of advantages including being quicker, less costly and can also be more private and less acrimonious. It is important, however, for divorcing couples to understand the divorce process and what an uncontested divorce is and means for them so they can decide which family law options and resources that are available to help guide them through their divorce process are best for them.