This is a divorce term that is often the cause of great amounts of confusion.  This is one of the cheapest and simplest forms of divorce available.  This is the type of divorce that lawyers dream of, simply because they are the easiest form and involve the least amount of work.  If all divorces were uncontested, the divorce courts would be much easier to maneuver, as well as faster.  Nevertheless, since they are not, they are the highly desired prize for many.

An uncontested divorce is simply where both the husband and the wife agree on all terms of the divorce.  This means that all matters are agreed upon.  This would include how bank accounts are divided, how property is divided, who receives what marital assets, and even who is responsible for what marital debts.  In order for a divorce to be uncontested there must be no disagreements about anything.  If there is a disagreement, the divorce is then a contested divorce. 

While some people believe that, an uncontested divorce cannot involve children they can and do often involve children.  In order for this to be possible, all matters of custody, visitation, transportation, extra-curricular activities, and even child support must be addressed and agreed upon by the parties.  In an uncontested divorce, all a judge must do is read over the documents, ensure that both parties understand and agree to everything, and then sign it into an order. 

As you can imagine this is a very simple process compared to a contested divorce, which is a much lengthier process.  Typically, an uncontested divorce can be wrapped up in less than 60 days.  Sometimes it takes less time, but much is dependant upon how quickly you can get a court date to finalize the documents.  Some courts move much quicker and there is little you can do to speed up an uncontested divorce. 

But what happens if you agree on almost all terms, or you want to try this method first before looking towards a contested divorce? 

You are always free to suggest that you and your spouse participate in mediation.  This can be done either by yourselves or with your lawyers present as well as a mediator.  You can negotiate back and forth on the terms that you cannot agree on and see if you are able to work out an agreement.  Once an agreement has been reached, the lawyers can prepare the documents for both you and your spouse to sign. 

If you are unable to reach an agreement in the mediation session, you have a few options. 

You can always attempt mediation later, or you can just file a contested divorce.  Generally speaking, it is still much easier to participate in several mediation sessions, as well as much cheaper rather than filing a contested divorce.  Many couples take one possibly two mediation sessions before everything is agreed upon and an uncontested divorce filed. 

This is not to say that in order to have an uncontested divorce you must participate in mediation.  If you and your spouse are on good terms in regards to your split, you can always talk directly to each other without the use of lawyers and a mediator.  Many couples are able to decide upon all aspects of their divorce with no help from anyone else.  This is perfectly fine and there is nothing wrong with it, it is in fact the most desirable method. 

Realize, if you are able to file an uncontested divorce you will save thousands in legal fees, also the court costs and filing fees associated with an uncontested divorce is usually a fraction of the cost as they would be for a contested divorce.  With so many reasons why an uncontested divorce is best, it is easy to see why they are so desirable.  An uncontested divorce is so much simpler, easier, and less stressful than any other form of divorce that can ever be attempted. 

If you can possibly convince your spouse to agree to an uncontested divorce it is well worth the time.  Even if you must make some concessions in order to agree, it is worth the give and take in order to wrap up the divorce so much quicker.  Always seek a lawyer that is determined to help your uncontested divorce as simple as possible while ensuring that your interests are as protected as possible.