How Do I Know That an Uncontested Divorce Is Right for Me?

Divorce is never easy, but it doesn’t have to be an overly complicated, contentious process. In fact, you might be able to file for an uncontested divorce if you fulfill certain conditions. The process is often cheaper, less stressful, and faster. However, how do you know if an uncontested divorce is right for you?

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How Do I Know That an Uncontested Divorce Is Right for Me?

To put it simply, an uncontested divorce is when both spouses work together to reach an agreement. This means agreeing on the division of your property, that your marriage is irreparable, and so on. 

Basically, an uncontested divorce doesn’t go to the courts since there’s nothing for a judge to decide. An uncontested divorce might be right for you then if:

You Agree on the Terms

In order to get an uncontested divorce, you both must agree on your terms and that the marriage is unsavable.

Beyond just agreeing that the marriage is over, you both need to agree on any other terms. This means agreeing on how to divide your property and debt.

Neither of You Seeks Alimony

If alimony is requested by either party, then the court has to get involved. Hence, an uncontested divorce is right for you if neither of you seeks alimony.

You Don’t Have Children

When you have children, it means that custody arrangements will be part of your divorce. In this case, the court has to be involved and the divorce will be more complicated. So, if you have no children or your children are over the age of 18, then an uncontested divorce is right for you.

You Complete the Right Paperwork

This is an obvious one, but the paperwork is essential when it comes to your divorce. You have to fill out the Petition of Divorce together with your spouse and fill out the Marital Settlement Agreement next.

Make sure you file your documents with the Clerk of Courts and pay the filing fee, and if everything goes right, the judge should grant your divorce.

You Both Want to End the Marriage

Beyond just agreeing that the marriage is unsalvageable, both of you must be able to work through this process of an uncontested divorce.

One spouse might be experiencing issues with the process. Many people drag their feet just because they’re having trouble going through the process of the divorce and worry about life after divorce—even if you both have already agreed upon your terms.

You Can Afford It

Granted, an uncontested divorce will usually cost less than a contested one, since you need to spend less on legal fees and lawyers.

There’s still a cost with an uncontested divorce, though. You might have to pay for a document preparation service, and if you or your spouse wants to hire a lawyer, you’ll need to pay for that too. You both also might need some help with mediation and negotiation.

Conclusion

An uncontested divorce is the easiest and simplest process of divorce. Getting this means that you and your spouse have managed to agree on everything, or can at least negotiate your terms. Whether this is the right path for you depends on a few things, so take a second to consider your options before you start filling out paperwork.