Either party can slow down (or drag out, depending on point of view) a divorce action, and for this reason, one spouse may contest a divorce. Some divorce lawyers build legal strategies to enhance bargaining positions around delays.

Since the 1970s, however, most states have permitted no-fault divorces, where may be either contested or uncontested.

No fault grounds -- either "irreconcilable differences," "irretrievable breakdown" or physical separation -- lend themselves to uncontested divorce.

An uncontested divorce is the route two people can take when for reasons sufficient to themselves they do not wish to be married to each other any longer.

In an uncontested divorce, the parties must take three steps: 1) one spouse must file the initial paperwork to set the action in motion and have it served on the other spouse; 2) the couple must negotiate a marital settlement agreement that defines and describes the terms and conditions of a) property distribution, and if applicable b) spousal and child support and c) visitation; and 3) they must complete and file the final papers, including the separation agreement, with the court.

The first and third steps are mechanical and formalistic. The second step can be very difficult, but if the couple can do it for themselves, they can save a great deal of money. Some couples can negotiate the second step before they go about the first one.

One of the advantages of an uncontested divorce is that the couple can handle most of the action pro se and thus save a great deal of money.

See also Summary Divorce; Default Divorce

Your Suggestion

1. Basics of An Uncontested Divorce
   Here are the basics of an uncontested divorce: both the husband and wife agree to the divorce, both agree to the division of property and debts, and both agree on custody of the children.
   Contributed on 8/16/2007 by: DivorceDex.com Staff

   Category: Divorce Procedure  (Applicable in All States)
2. The Uncontested Advantage
   Often times your spouse will refuse to sign a divorce petition when it is first presented to him or her. Allow your spouse a few days to cool down if this has happened. Since an uncontested divorce can save you and your spouse a lot of time, money, and headache, try and explain that to your spouse. If you convey that quickly processing the divorce by reaching an agreement will save both of you upwards of thousands of dollars in attorney’s fees, you can hopefully convince him or her to sign. But remember, the petition does need to be reasonable. Good Luck with your divorce.
   Contributed on 1/31/2008 by: John Leopard, Atlanta Divorce AttorneyAtlanta, GA[Total Submissions: 1]

   Category: Divorce Procedure  (Applicable in All States)

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