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What You Should Know About An Uncontested Divorce 

With the rising costs of divorce and the scars left by divorce wars, there has been much talk about the uncontested divorce. In this session, we’ll examine the uncontested divorce and help you determine if your particular set of circumstances qualifies you for this highly publicized divorce option.

What is an Uncontested Divorce?

An uncontested divorce is a divorce proceeding in which both parties can agree to the divorce and the terms of the settlement. In layman’s terms, an uncontested divorce is one in which both the husband and wife cast aside their differences, hurts, demands and perceived entitlements and negotiate a mutually acceptable settlement that both parties can walk away feeling OK about.


What Are Some of The Advantages of An Uncontested Divorce?

The least obvious advantages of an uncontested divorce are:

  • The reduced stress factor
  • The non-combative environment
  • The children aren’t forced to go through a divorce war nightmare
  • Both parties can quickly get on with their respective lives
  • The parties can resolve their issues on their own
  • They will not have to go to court

The most obvious advantage is cost. Its simple arithmetic, an uncontested divorce cost much less than a contested one.


What is the Cost of an Uncontested Divorce?

The price of an uncontested divorce can range from a low flat fee rate of $199 and can climb into the thousands. The final cost depends on the complexity of the divorce such as the dividing of assets and debts, alimony/maintenance and child custody and support. You need to know that litigation is expensive!


When you put a divorce lawyer on the clock, you are paying for each and every minute they spend on your case and the legal fees can mushroom out of control very quickly. They will charge you for each and every time you call them on the phone to check on things, provide information or ask a question. They will charge you for copying documents, mailing letters, court fees and virtually every task associated with the divorce. You will be pay for the time it takes them to get to the courthouse and then back to their office.


If you are called to appear at a hearing, your divorce lawyer will bill you for the time spent waiting to speak to the judge. As you can see, all in all, provided that both parties are willing to take this path, the uncontested divorce is the way to go.


When Is An Uncontested Divorce Not a Good Idea?

There are some situations in which an uncontested divorce is a bad idea. Please note some of the major causes that force couples into the divorce court mill.


(a)   The husband and wife refuse or, are unable to discuss matters and issues. In an uncontested divorce, both parties must be able to communicate without being combative.

(b)   Neither party can agree on child custody, child support, how to divide assets and debts and alimony/maintenance

(c)   The husband and wife are not on speaking terms at all

(d)   One or both parties is being demanding to the point of being injurious

(e)   One or both parties is being selfish

(f)    One or both parties have a false sense of entitlement

(g)   One or both spouses are set on getting vengeance or hurting the other spouse




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Be advised, the information provided by Divorce Court Attorneys is general information related to divorce. Since every divorce is inherently different, for specific advice, we strongly admonish you to consult with a qualified divorce lawyer. Our website is in no shape, form or fashion designed to violate any local regulations or state laws regarding the practice of law. Remember, legal information is not legal advice.