What is an "Uncontested Divorce"?

By Allison Fredrickson | Family & Divorce Law

There are two types of uncontested divorce. The first and most common type of uncontested divorce reflects a situation where you and your spouse agree on all or the majority of the issues in your case. It is also the most cost effective divorce situation because both parties are willing and able to confirm their agreement. The level of uncontested issues varies by case, however the parties are able to agree on most issues and it only takes a few additional steps to achieve a full agreement.

The steps to achieve a full agreement commonly include a mutual exchange of documents (‘discovery’), meeting with a qualified neutral also known as ‘mediation’ or having a meeting with all parties and counsel also known as a settlement conference. Depending on the issue, your attorney will advise the best approach for your situation.

>> Review the uncontested divorce process from start to finish.

The second type is where the other party cannot be located and/or chooses not to take part in the divorce by not answering the initial paperwork also known as “Summons and Petition”. In this scenario, the moving party also known as the “Petitioner” is free to proceed by default and structure the final agreement unopposed. While this type of divorce is certainly more cost effective than a contested divorce, there is additional work that your attorney must do to prove to the Court that the other party cannot be located or is actively not participating.

>> Learn about our uncontested flat-fee divorce pricing options.


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