What You Should Know About Uncontested Divorce

By Jamie Hill - 29 November 2020

Opinion and Features

It is never an easy process to end a marriage. However, it can be easier in some situations when the couples can remain civil and agree to handle custody, marital property, and all other matters.

An uncontested divorce is a divorce decree that gives all parties the opportunity to quietly and dignifiedly end their union. If both parties in a married couple agree to divorce, filing for an uncontested divorce will save time and money through streamlined court processes. Here are some things about an uncontested divorce that you'll want to consider.

Control and Privacy

The capacity of the divorcing couple to preserve privacy and control over the process is one of the underrated benefits of an uncontested divorce. Relinquishing lawyers and judges' power forfeits the right of a couple to be owners of their own destinies and forms the result of problems such as alimony, child support, and co-parenting. An uncontested divorce enables you and your partner to control what is included in the report, even though your final divorce decree will become a public record. Although ensuring the negotiations between you and your ex-spouse remain confidential, you will have the final say in what personal information is public.

Property Division

It is worth understanding that only marital or common property may be divided by spouses. In other words, everything they have obtained from the date of the end of the marriage to the date of the final decree. Property division is only one of the reasons why it is always advisable for each partner to consult an experienced divorce attorney, even in an uncontested divorce. A local lawyer will be familiar with the laws of your state and will be able to ensure that you look after your own best interests. Even if you have not lived with your partner for a long time and are in the process of termination, anything you possess will always be considered shared property before the judge signs the divorce decree. 

Requires Less Time

There are many factors for choosing an uncontested divorce in a fast-paced world. Since there is no need to appear in court, the procedure is usually smoother than a contested divorce. It is particularly helpful to address the problems outside the court if you have children since you can escape the stress and trauma of dragging your children through the expensive and time-consuming child support and custody proceedings of the court. It would save considerable time, money, and heartbreak by avoiding court.


In multiple court hearings, a contested divorce may consume the time of the court, and a variety of legal fees and court costs must be paid to address matters.  An uncontested divorce reduces those costs. Due to the speedier nature of an uncontested divorce, the costs are dramatically lower than the fees for a contested divorce. If there are no major issues to the dispute before a judge, the process is also much simpler.

Many couples would seek an uncontested divorce in ending their marriage, assuming it's a shortcut to living happily apart forever after. There are many benefits to an uncontested divorce, from the ease of the process to a fairly low price. Knowing your rights is also beneficial in understanding the law. Hope this writing has driven you through the process of protecting your privacy and ensuring your financial stability with the uncontested divorce process.


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