What Does An Uncontested Divorce Mean?


In the legal community, the phrase “uncontested divorce” refers primarily to cases where the divorcing parties reached a mutually agreeable settlement.

Fortunately, 95% of US couples choose an uncontested divorce. If you are one of them and want to learn more about the idea, you should contact The Harris Firm, LLC if you have any questions about your divorce.

Difference Between Uncontested Divorce And Contested Divorce?

An uncontested divorce is also known as mutual divorce. It is a divorce in which both the partners agree to the divorce terms and conditions. These will include child custody, asset division, alimony payment, etc. Therefore, the divorce process becomes simple, straightforward, and less time-consuming.

However, in a contested divorce, the spouses do not come to a mutual agreement and go to the judge to make decisions on legal arguments.

What Are The Requirements For An Uncontested Divorce?

The requirements of uncontested divorce vary from state to state. However, You will sign a marital settlement agreement and fulfill these requirements with the mutual consent of your spouse in most cases.

  • Division of property and other assets
  • Spousal support
  • Who gets the Child custody
  • Payment of debts
  • Division of parenting time
  • Other divorce-related issues

What Is The Process To Get An Uncontested Divorce?

The process of uncontested divorce is the same as any other divorce, but unlike contested divorce, you and your spouse will discuss the divorce terms and conditions beforehand.

After coming to a mutual agreement, you will file a petition for divorce in the local court of the state where you reside after completing the waiting period.

The couple will present the divorce agreement to the court after drafting the terms and conditions as discussed earlier. The judge will review the agreement and approve the divorce after a few hearings. During the hearings, both parties will answer some questions related to divorce asked by the judge. After this, you will receive the divorce decree. Furthermore, many states take one to six months before finalizing a divorce. This is termed a waiting period.

Benefits Of An Uncontested Divorce

The biggest benefits of uncontested divorce are less consumption of time and money.

Since both parties come to a mutual agreement, the divorce process will be filed within weeks, and the divorce will be granted in a month or two. Both parties can start the initial process without any issue if there is mutual understanding, and this will save the cost of hiring a lawyer for a complete divorce process.

It will also save the money spent during the mediation process to resolve the disputes. Moreover, the judgment will come without any trial, negotiation, or conflict, making your divorce process peaceful.