Uncontested Divorce

​The truth is some divorces are much more straightforward than others. This can be because of the financial situation of the parties, the amicability of the parties, or other forces at work. Whether your divorce is truly uncontested is not a question of if you both agree to a divorce. There are two questions to be answered: (1) Do you agree on every single issue regarding property and custody, and (2) would a judge approve of that agreement? Learn more below.

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What is an uncontested divorce?

The most common misconception is that a divorce is contested when one person doesn’t want to get divorced. Following that logic, people believe an uncontested divorce occurs when both parties agree that they want to be divorced.

It’s important to dispel this notion because it can emotionally hamper one (or both) of the parties.

An uncontested divorce is where the parties agree to all the terms of the division of property (both personal and real), child custody and visitation (if there are minor children) and the allocation of marital debt (who’s going to be financially responsible for various debts).

Alternatively, a contested divorce occurs (usually involving a trial) when the parties cannot come to an agreement regarding the essential issues of the dissolution of the marriage.

While many people find that in the beginning they’re able to agree on who’s going to pay off the credit card(s) or who will have residential custody of their children, things typically become a bit more muddled as the process unfolds. A good divorce attorney will help you realize that while you haven’t resolved all the issues overnight, negotiation is possible, resolution is ideal and going to trial (both expensive and emotionally draining) isn’t the only option on the table.

Before deciding whether your divorce is truly uncontested, ask yourself these questions.

Property:

  • Am I ok not getting any of my spouse’s retirement account, which may have substantial value?
  • Am I ok leaving with all the credit card debt that’s in my name even though many of the purchases were for both of us?
  • Will my spouse be able to refinance the house to take my name off the mortgage so that I am not liable if they miss a payment?
  • Will my spouse be able to refinance the car loan to take my name off the note so that I am no liable if they miss a payment?

Children:

  • Do we agree on who will make all of the major decisions for the children?
  • Do we agree on a parenting time schedule down to every day of the year including holidays and school breaks?
  • Do we agree on how much child support will be paid?
  • Do we agree on who, if anyone, will pay for their college?
  • Give us a call and we can move things forward. (312) 757-4833
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