An uncontested divorce refers to a situation in which both parties are able to agree on all or most of the important issues involved in the divorce process. Some of these issues could include how they will share custody or parenting time, the amount and duration of alimony and/or child support, the division of marital property and assets, and the responsibility each will take for shared debts.
If the couple is able to agree on these and other issues, the parties may file paperwork for the divorce without having to make any court appearances. Of course, each divorce is different — and even within the realm of uncontested divorce, there can be some complicating factors.
Reaching agreement on minor children or expensive assets
The most difficult matters in an uncontested divorce are related to minor children or substantial assets and property. If the parties manage to agree on all the aforementioned issues, they will still be able to go through an uncontested divorce. However, these issues in particular tend to be the sticking points. What will happen with child custody? Who will get the valuable artwork or collections owned by the couple? If the couple owns a business together, what happens to those business interests?
In some cases, the parties may choose to go to a mediator for help resolving disputes. This is especially likely to be beneficial if the parties generally agree about most other issues but need to work out a couple of the more complex factors. This still allows the couple to avoid going to court and come to their own decisions regarding the divorce overall.
No matter what, it’s highly recommended that you work with a divorce attorney, even if your dissolution of marriage is going to be uncontested. A skilled lawyer will review all agreements to make sure you are getting a fair deal, and will sit in with you in any mediations or negotiations.