Frequently Asked Questions / What is an Uncontested Divorce?

Attorney Michael Fischer

 Mike’s Answer:

An uncontested or a default divorce occurs when one party files for a divorce and the other does not respond, or if both parties reach an agreement. This type of divorce is usually one of the most simple and quickest ways for parties to get a divorce.  A true default case means you are agreeing to essentially give up any rights or any say-so in your dissolution case. So it is important you are sure this is the route you wish to take, and you familiarize yourself with all paperwork and the process before proceeding this way. It is important to know the terms you are agreeing to because whatever your spouse or partner petitions for will most likely be what the court orders if they do not receive any response. Another advantage to resolving any dissolution issues prior to filing is that parties will most likely never have to appear in a court room and can avoid litigation. This vastly cuts down on costs and can save both parties a lot of time, money and added stress. A possible downside to filing an uncontested divorce is that both parties must agree on the terms.  This type of divorce requires parties to be flexible, understanding and open to compromise. An uncontested divorce may not be an option for your situation if you have a large estate, a significant amount of debt, or children with your spouse. Parties must agree on issues such as child and spousal support, custody, visitation, the division of real property and debts, and how attorney’s fees will be paid. Sometimes it is difficult to reach an agreement on these issues. If you are unsure whether you are eligible for an uncontested divorce contact a family law attorney who can help assess your situation and advise you the best direction to take.  

Posted in: Divorce, Family Law