Contrary to what many of us see in movies, or read about in papers and books, not all divorces are long, drawn out battles that go on in front of a judge, with the spouses dueling it out via lawyers and litigation. The term used for this type of separation is called an uncontested divorce, and it is pretty self-explanatory.
An uncontested divorce is when the two parties have no disagreements over any of the financial issues that are worked out during an average divorce process. In addition, there should be no disputes over other divorce-related issues as well. These include things like child custody, child support, the division of any marital property that may exist, and spousal support. There is another way that an uncontested divorce can happen, and that is if one of the spouses, or parties, fails to show up in the initial trial, known as the divorce action.
Although an uncontested divorce is ideal, and the way most divorces actually go, don’t assume that your spouse will be so willing. Although it is the least expensive way to get divorced, most spouses are very stubborn in terms of what they think they are entitled to, and what they want from the divorce. In this case, quite obviously, they will be contesting the divorce, at which point it will go to trial and proceed to the divorce process.
The benefit of an uncontested divorce is that it saves everyone a lot of money, and is usually quick and painless. This is especially true if there are kids involved, as a lengthy and angry divorce process can have lasting and damaging effects on the children, not to mention the emotional and mental toll it will take on you and your former partner. Of course, if you are presented with the divorce papers, it would be best to consult with an uncontested divorce attorney before agreeing, as they can help you understand what you might be giving up that you are actually entitled to.