The Advantages of an Uncontested Divorce

 Posted on November 21,2023 in Divorce

An uncontested divorce can be a blessing when compared to the alternative. When divorce is the only option, it is best to break things and divide assets amicably rather than going through a nasty contest of “win” vs. “lose.” A good lawyer can help you get through any type of divorce and explain the best course of action every step of the way.

What is an Uncontested Divorce?

Uncontested divorces are those where a couple has most, if not all, points of typical contention already planned. Things like spousal support, child support, agreements on parental responsibilities, and how to divide marital assets all come into play in a divorce. Having every one of these factors squared away, where the only thing left to do is have the divorce finalized, makes the entire process that much easier.

What Must Be Agreed Upon To Have An Uncontested Divorce?

Many factors go into an uncontested divorce. You will need to ensure that you and your spouse agree on most of the following legal issues:

• The allocation of parental responsibilities (formerly child custody), which involves both significant decision-making and a parenting time schedule
• Child support (who will pay)
• Spousal support if necessary (how much for how long)
• How the marital property will be divided (must be fair and equitable)
• Why you want the divorce to take place

Even in an uncontested divorce, a couple will need to go before a judge, where they will need to hear both sides and approve the settlement agreement between you and your spouse. A judge will normally grant a couple’s request for an amicable split so long as the agreement is:

• Fair and equitable
• Within the best interests of your minor children
• Was not agreed upon due to coercion or force

What Makes an Uncontested Divorce Better Than a Contested Divorce?

Ending a marriage in the simplest terms possible with the least amount of complications and conflict reaps many benefits over a long, drawn-out courtroom battle. When you and your spouse are in conflict over every legal matter in need of a resolution before a divorce can be finalized, it can increase the emotional turmoil, the duration of the process, the stress on your children, and place a strain on your bank account. An uncontested divorce will usually have everything already resolved by a couple on their own or through alternative methods such as mediation or collaborative law.

Any couple with a high level of conflict will not likely benefit from an uncontested divorce. The same can be said about a marriage with a power imbalance or one that involves domestic violence. These couples may have no choice but to dissolve their marriage by letting a judge decide on their behalf in a contested scenario. Cooperative couples looking for a way out and to move on with their lives in the best possible circumstances should welcome an uncontested divorce.

Contact a DuPage County, IL Divorce Attorney

An uncontested divorce is a great way to make an already difficult situation more manageable. If you require a legal representative, an experienced Aurora, IL divorce lawyer from the The Law Office of Matthew M. Williams, P.C. will gladly assist you. Contact the office at 630-409-8184 to schedule an appointment immediately.