In many situations, divorce can be difficult and the spouses may have significant disagreements. However, sometimes each spouse agrees that it is time to move on and want to pursue an uncontested divorce.
Uncontested divorce
An uncontested divorce can save the parties time and money because there is generally less paperwork to file with the court and less back-and-forth between them. The filing usually includes information about property division and spousal support. It also includes the grounds for divorce.
However, in order for the parties to pursue an uncontested divorce they must not have any outstanding financial disputes and it must be clear that they both agree to the divorce. If either of those issues are pending, an uncontested divorce may not be right for them.
If they are in agreement, an uncontested divorce can help the parties maintain a positive relationship moving forward. This can be especially helpful if the parties have children in common.
In addition, the uncontested divorce process may be more private. There are fewer filings that are open to public inspection, including financial information and other personal details.
Choosing contested divorce instead
If the parties decide that an uncontested divorce is not the right option, they can still pursue a contested divorce. Sometimes, spouses with children, complex property division or other disagreements find that those need to be addressed in more detail. Also, the parties may be required to make additional filings for child support.
Whether the parties choose a contested or uncontested divorce, an experienced attorney can provide guidance about next steps.