Once a couple has made the difficult decision to divorce, they should consider what divorce option is best for them. An uncontested divorce may be a preferable process for some divorcing couples which is why they should understand who qualifies for an uncontested divorce and what the process means.
Uncontested divorce basics
Couples who do not have any financial disputes and both agree to the divorce may qualify for a contested divorce. When divorcing couples can agree on how to resolve their primary divorce issues including property division, child support, alimony and child custody, they may be able to agree to an uncontested divorce.
An uncontested divorce typically has less paperwork, is simpler and quicker and is a more non-confrontational process. It can also be less costly financially and emotionally for the divorcing couple. The uncontested divorce process can also be more private because there are fewer court filings that will become public.
Uncontested vs. contested divorce
When a divorcing couple cannot agree and their divorce-related issues are in dispute, they may litigate their divorce which can be more costly, contentious and take more time. That is considered a contested divorce. For that reason, divorcing couples who can largely agree should consider the uncontested divorce process and be familiar with its potential benefits.
A couple may also be able to go through the uncontested divorce process if one fails to respond to a divorce petition which is considered a default. The primary requirements for an uncontested divorce are that neither spouse is opposing the divorce and both spouses can agree on how to resolve their primary divorce issues. Exploring all options during the difficult divorce period can help divorcing couples find an option that works best for them and their family.