An uncontested divorce is a divorce where both parties agree on every detail of the divorce. This means, that both parties must agree on how property will be divided,whether and how much alimony will be paid,the specifics of any child custody arrangement,whether and how much child support will be paid, and so forth.
If any issue cannot be agreed upon, down to which vehicle each party will take and what holidays you will each see your children, your divorce cannot be uncontested. The benefits of an uncontested divorce are two fold: (1) an uncontested divorce is considerably less expensive than a contested divorce, and (2) you have certainty in the result, because you created the result.
Do I need an attorney for an uncontested divorce?
Even though you may have reached an agreement on all issues surrounding your divorce, you may still need an attorney. Reaching the agreement may be much easier than properly getting that agreement into a format that will comply with the law and operate as you intend. A failure to have your agreement properly documented can become a problem in the future. An attorney may also direct you to consider issues you have not yet thought about. Hiring an attorney will increase your up-front cost, but will likely save you money down the road.
When retaining an attorney for an uncontested divorce, please be aware that we can only represent one party. We cannot represent both you and your spouse. We will make sure your divorce is handled appropriately while also ensuring that your rights are protected.
How long will my uncontested divorce take?
An uncontested divorce may be obtained as quickly as 31 days after the complaint is served on your spouse. However, it takes time to put together the paperwork and have it filed with the court. Further, even where the parties have reached an agreement and are filing an uncontested divorce, the court must hold a hearing to finalize the divorce. The exact timing of the hearing will be based upon the schedule of the judge assigned to your case. Typically, an uncontested divorce will take roughly sixty days.