Divorce is famously painted as an acrimonious process, but this is not the case all of the time. Some divorces essentially write themselves and do not involve any fighting over the assets.
This variety of divorce is an “uncontested divorce.” According to Findlaw, couples can file specifically for an uncontested divorce in order to help streamline the process and make it go faster.
What do I need for an uncontested divorce?
Uncontested divorces must have two underlying truths. The first is that the couple must have no financial disputes whatsoever, and this includes child custody and alimony. The second is that both parties involved must agree to the divorce happening. In the event that one of the parties does not show up for the proceedings, the courts consider this “agreement.”
The biggest benefit of uncontested divorce is that it saves a lot of time and money. Determining the amount of child support and alimony if applicable is what can make divorce so expensive: if this is not a factor, the process is much smoother.
What are the disadvantages?
The more complex your assets are, the less likely you will be able to go through with an uncontested divorce even if both parties are on good terms. It is also likely that one or both parties will end up dissatisfied with the uncontested divorce in the future.
The presence of children also makes an uncontested divorce less likely. There are special filings you will need to make if you have children and decide to pursue an uncontested divorce. Even if both parents agree on all aspects related to the children, the law needs to know that the children are being provided for appropriately.