What Is Uncontested Divorce?
By far, the majority of divorces in the U.S. are considered uncontested. This means that the parties come to an out-of-court agreement about all issues in their divorce, whether or not they use attorneys or mediators. This type of divorce is the most economical. Litigating custody, property, or other issues can last years and cost tens of thousands of dollars.
At Barrow Brown, PLLC, when you have your initial consultation, your attorney will assess your legal needs, answer your questions, and recommend the best legal solution for you. Below are some considerations and characteristics of uncontested and contested divorces to help you determine which type you may be facing.
Essential Characteristics of an Uncontested Divorce
- You and your spouse have come to an agreement about all issues in your divorce
- You and your spouse have come to an agreement, but you need some help with a few minor issues
- Both you and your spouse can agree on child custody, visitation, and child support
- You and your spouse have agreed how to divide your children’s health insurance and other costs
- You and your spouse agreed how to divide your furniture, electronics, and other household goods
- You and your spouse have agreed how to divide business interests and investments
- You and your spouse have agreed how to divide your real estate interests
- Both you and your spouse want an amicable and economical resolution to your marriage
- You and your spouse speak to one another, and want to resolve your divorce issues together
- There is no uncontrollable hostility between you and your spouse
- Neither you nor you spouse want to “get even” or punish the other
- You simply want your agreement to be reviewed and formalized by an attorney
- Both you and your spouse are willing to accept some fair and appropriate compromises
Essential Characteristics of a Contested Divorce
- You and your spouse cannot agree about serious issues in your divorce
- You and your spouse cannot agree about child custody, visitation, and child support
- You and your spouse cannot agree about some or any of the issues mentioned above
- You don’t and can’t speak to your spouse
- You have been abused by your spouse
- You can’t locate your spouse
- You want to “get even” or punish your spouse
- Your spouse wants to “get even” or punish you
- You can’t stand to look at or be in the same room with your spouse
- Your spouse has stolen or misused significant amounts of marital property
- There are some issues on which you are just not willing to compromise
Is My Divorce Uncontested?
The best way to make this determination is to give us a call speak with an attorney. However, divorces that begin uncontested do not always end uncontested. You know the state of your relationship with your spouse the best. If you both can speak with one another, make fair and appropriate compromises, and if you both want to move on with your lives, the odds are that your divorce is uncontested.
We Can Help
Our practice is devoted to uncontested divorce. We can help you cover all of the bases in reaching a marital settlement agreement. Even if there are a few minor issues to discuss further, we can help you speak with your spouse about those issues and reach a fair resolution. If you are facing a divorce, give us a call or submit a contact form, we can help.