What is an uncontested divorce and how does one work?

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What is an uncontested divorce and how does one work?

On behalf of Stange Law Firm, PC posted in Divorce/Separation on Sunday, December 29, 2019.

Understanding how an uncontested divorce is different from a divorce that is being contested is helpful for divorcing couples to understand. Divorcing couples should ensure they have all of their questions answered about the divorce process and how an uncontested divorce works when compared to a contested divorce.

In an uncontested divorce, both parties agree to the divorce and are not contesting the issues related to their divorce. Because the divorcing couple is not contesting any of the divorce-related issues that must be resolved during the divorce process, they are able to enjoy a more streamlined divorce process that may be more efficient. An uncontested divorce can save the divorcing couple time, money and acrimony so it is worth knowing if the divorcing couple meets the requirements for an uncontested divorce.

For a divorce to be uncontested, the divorcing spouses must not be contesting the divorce and must not have any financial disputes between them. What is meant by not having any financial disputes between them is that the divorcing couple must agree to property division, alimony or spousal support and child support. The divorcing couple also must not have any child support or visitation disputes to resolve.

When the divorcing spouses agree to the divorce-related issues they must resolve during the divorce process, including child custody, child support, spousal support and property division, they may be able to utilize the uncontested divorce process which means they will not have to contest all of those issues in a traditionally litigated divorce. By reaching a settlement agreement that includes divorce-related concerns without the need to litigate, the uncontested divorce process may be able to save the divorcing couple the stress of disputing those issues and may be of benefit to them.

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