What Does Uncontested Divorce Mean?


Divorce Proceedings with Emblem Legal

On the surface, a divorce may sound as though it is an easy process. Two people have decided that their marriage no longer works, so they agree to dissolve the legal union. While that is the crux of the issue, the truth is that it is generally much more complicated than that. When it comes to legal matters, there is very little that is simple. A divorce is something that can take a very long time to finalize, but there are some things that can be done to speed up the process. One of these tactics involves something called an uncontested divorce.

What is an Uncontested Divorce?

Often when two people split up, they are unable to agree on anything. There may be a lot of blame going around, and even on trivial matters, there could be a reluctance to come to a mutual understanding. But not all divorces are like that. Sometimes the couple can work together peaceably and figure out ways both people can be happy – or at least content – with the outcome. This is called an uncontested divorce, and one of the biggest benefits is that because there will not be a big fight over anything, the divorce can be expedited and completed faster.

This type of divorce could be a good option for a couple that do not have a lot of assets or children. Generally, an uncontested divorce is also less expensive because the lawyers do not have to do as much. Mediation and negotiation are usually important areas addressed by an attorney, but in this circumstance, they may not be needed.

However, an uncontested divorce is reliant upon understanding and communication. If one person just will not talk to the other person or is making demands that are just not reasonable, an uncontested divorce will not be plausible.

How an Uncontested Divorce Works

Even if you and your spouse agree on everything, you will still need a lawyer. And the lawyer can’t represent both of you, so only one person can be the client. The other person may also choose to get an attorney. The first thing you will want to do is meet with your lawyer and explain the situation. You will go over all of your assets and anything else relevant. Your lawyer will then talk to you about your options and get the divorce proceeding started. In addition to helping with the paperwork and other legal matters, it is also a good idea to have a lawyer in case things change.

During the divorce process, it is not uncommon for disputes to occur, and suddenly “uncontested” is changed to “contested.” At that point you will be very happy that you have a legal professional in your corner.

If you and your spouse have decided to divorce, even if so far you have both been very agreeable, get in touch with Emblem Legal. It is always a good idea to get the opinion and guidance of an experienced divorce attorney so you can make good choices.