What is an Uncontested Divorce?

In an uncontested divorce, spouses are able to reach an agreement without having to go to trial. This means all the main issues pertaining to the divorce are settled outside of court. Most divorce cases are actually uncontested. There are numerous advantages to having an uncontested divorce. When spouses can come to an agreement on the terms of their divorce, time, energy and money are saved. In addition, uncontested divorces can be less emotionally draining and both spouses have the opportunity to maintain more control of the final outcome.

In order for a divorce to be uncontested, numerous issues must be considered and resolved between the spouses. The first step in the process is declaring the grounds for your divorce. Grounds are simply a valid reason for pursuing your divorce. You can file for divorce based on fault or no-fault grounds. Examples of fault grounds include adultery, substance abuse, mental illness, imprisonment, desertion, cruelty. No-fault grounds can be established simply by stating irreconcilable differences or by living separately for an extended period of time with no intentions of reuniting. Most uncontested divorces are filed under no-fault grounds.

Once the grounds for the divorce have been established, spouses must agree on the terms of their divorce. This is usually outlined in the Property Settlement Agreement.   This document (which covers all issues pertaining to finances, property, children and alimony) defines both spouses’ rights and obligations.  After collecting and reviewing all the relevant Information pertaining to both parties’ incomes, real estate holdings, taxes, insurance policies, parenting plans, debts, expenses, investments, etc, your attorney will negotiate and draft your final Property Settlement Agreement. A thorough and detailed Property Settlement Agreement basically states what your post-divorce life will entail.

Next, your attorney needs to prepare the necessary paperwork to file for divorce at your county courthouse.  These documents include:  a summons; a complaint; a certificate of insurance listing all the coverage pertaining to both spouses and children; and a case information statement that details both spouses’ finances. The spouse who files the complaint requesting for the divorce is the plaintiff, the other spouse is the defendant.  After the paperwork is filed on behalf of the plaintiff, the papers are then “served” (delivered) to the defendant.  In most uncontested divorces, the defendant or the defendant’s attorney signs an “acknowledgement of service” document to prove that they received the court papers.  From the day the defendant is served, he or she has 35 days to file an “answer” to the complaint.  In doing so, the defendant responds to each statement in the complaint, either agreeing or disagreeing with each issue.  The defendant also has the right to file a counterclaim, which is basically the defendant’s version of a complaint.  In an uncontested divorce, however, the defendant is not required to file an answer and is unlikely to file a counterclaim.

When no such action is taken by the defendant after 35 days, the plaintiff’s attorney can file a request for a default judgement which asks for the divorce to be settled without a trial. Finally, the court will hold a hearing to make sure the terms of the divorce are fair.  In most cases, this involves reviewing the property settlement agreement and incorporating it within the final judgement.  The plaintiff is required to be at the hearing and the defendant is advised to be there as well.  Both parties may be asked a series of basic questions pertaining to their marriage and the overall agreement. Once all the paperwork is satisfactorily reviewed, the judge will grant the divorce by signing the finalized judgement.