An uncontested divorce means that both spouses agree on all of their divorce-related issues. Even though you have to meet certain requirements, an uncontested divorce is often much easier than a contested divorce because spouses can end their marriage without constant negotiations, legal posturing, and court hearings.
Can you change from an uncontested to contested divorce?
Yes, you can generally change from an uncontested to a contested divorce at any point during the divorce proceeding. Whether or not your dissolution switches to a contested matter, the divorce can still be resolved amicably prior to having the case proceed to trial.
Can a judge approve an uncontested divorce agreement?
If you and your spouse can agree on all or most of the terms of your case, including how you’ll split up your assets and debts, how you’ll handle custody of any kids, and whether support will be paid (and how much), you and your spouse can write up an agreement and ask the court to approve it, rather than having a judge decide your fate.
How are assets divided in an uncontested divorce?
In an uncontested divorce, the spouses can divide their property and assets at their own discretion by putting the agreed-upon terms into a settlement agreement. The judge will review the agreement and will typically approve the agreement, and the divorce, if it’s fair and does not violate case law.
Can you get an uncontested divorce with children?
Child-related issues in an uncontested divorce Negotiating child-related matters, such as legal and physical custody, a custody schedule, visitation hours, and child support can be challenging. If you and your spouse are able to come to an agreement on these issues, it is possible to get a no-contest divorce with children.
What’s the difference between a contested and uncontested divorce?
The uncontested divorce papers are similar if not identical to the forms required to complete a contested case. Contested cases usually have more forms because the spouses will most likely be going to court for hearings or a trial. The package of forms that a couple will need to file to get a divorce depends on many things, including:
