Most people think of divorce as a messy, emotionally fraught, and expensive affair. In many cases, that is how things will play out. Marriages are highly emotional investments and the ensuing personal, psychological, and financial turmoil of ending a marriage is rarely easy. Sometimes, however, divorce is a mutually beneficial arrangement and both spouses can agree calmly and rationally on the terms. In these rare cases, an uncontested divorce can occur.
An uncontested divorce is a legal separation in which all issues have already been amicably decided by the separating spouses. An uncontested divorce only occurs if both spouses are in agreement with the reasons for and outcomes of the divorce.
Uncontested divorces save time, money, and stress but require clear communication and willingness to compromise in order to occur. In most cases, there are some sticking points that prevent an uncontested divorce from occurring.
Because there are no issues that need to be resolved, uncontested divorces are settled very quickly. Usually, an uncontested divorce proceeding can be finalized as soon as the state-mandated finalization period is over, often a few months.
No. The key benefit to an uncontested divorce is that neither spouse will have to appear before a judge. Instead, the court simply needs to rubber-stamp the completed divorce agreement.
How much an uncontested divorce costs will vary by state but it is almost always far cheaper than a divorce where one or more issue is contested. This is because the only costs to the separating spouses will be the administrative fees to file and finalize the divorce agreement. This is contrasted against the thousands or tens of thousands of dollars that a contested divorce can cost to hire attorneys, mediators, arbitrators, and pay for years-long legal battles.
