At the heart of every divorce are four issues:
1. Division of marital property
2. Division of debt
3. Timeshare for children
4. Payment of child and/or spousal support
While no divorce is truly “uncontested,” these disputes do not always have to be resolved in court. That is what we mean by an uncontested divorce – one where the spouses can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move more quickly through the courts and are less expensive than contested divorces.
Every couple seeking a divorce should first attempt to work out mutual terms for the separation without going to court. If the spouses cannot resolve disputes on their own, many people utilize arbitration and mediation, with or without attorney representation. This saves time and money bypassing the lengthy litigation and trial process. An uncontested divorce typically reduces hostility, allowing both parties to resume their lives more quickly.
Complex issues, high financial stakes and technical legal procedures can be the marks of a contested divorce. While an uncontested divorce can often be performed without an attorney, litigation requires experienced counsel necessary in a contested divorce. If one spouse is represented by an attorney or there are difficult financial issues, seeking an attorney may be wise.