How to Get an Uncontested Divorce

You’ve seen the billboards and online ads and heard it from the attorney’s office:  for a flat and affordable fee, you can file for divorce, but it must be an “uncontested” divorce.  So, just how do you get one of those uncontested divorces?

Uncontested divorce means that the parties are in agreement about the myriad issues surrounding the divorce.  So, to have an uncontested divorce, there must be agreement.

So, just how do you get to an agreement?   Mediate the separation BEFORE you file for divorce and you may have just increased your odds twenty-fold for getting an agreement that would lead to an uncontested divorce where both parties can avoid enormous legal fees.   Sounds simple right?

Sometimes it can be simple.  Other times, agreement just can’t be had (at that point in time).  However, mediation can be a very useful experience that can get otherwise warring spouses to a place where they can ultimately reach an agreement and work out their separation on their own – sometimes after the mediation is over.   Progress has value.

Simply put, spouses can use mediation as a tool to avoid potentially unnecessary attorney fees, expedite the process, and obtain greater certainty in uncertain times.  Tell a friend.

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One Response to How to Get an Uncontested Divorce

  1. In contrast to a contested divorce situation, an uncontested divorce or “answer/waiver divorce” is the relatively smooth process by which parties can settle on an agreement of the various major and minor issues that will affect their lives going forward after a divorce. Those possible issues include child custody, visitation, child support, division of property and assets, alimony, tax implications, specific provisions concerning behavior around the children and the like. Once agreed upon by the parties, the terms are submitted to the Court along with various other documents for approval by a Circuit Court Judge.

    You and your spouse do not necessarily each need a divorce attorney in an uncontested divorce situation. There is a legal means by which one attorney can file paperwork for both Husband and Wife, if the other agrees. This often helps cut the costs of the proceeding when both parties are in agreement about the terms and are trying to keep the expense of the process low.

    It is extremely important to enlist the help of an experienced attorney in this situation. One will never understand the power of a few little words to change lives more than when a person sees a divorce agreement carried out by a domestic relations judge. Often times the placement, addition or subtraction of one small word can mean a world of difference in someone’s case and in their life. Mistakes and omissions in agreements can be costly and have serious ramifications years down the line.

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