Divorce FAQ

An uncontested divorce is by far much easier to resolve than a contested divorce. The term uncontested divorce may be somewhat misleading. This is because many people mistakenly assume an uncontested divorce is one in which one party does not participate in the divorce process. However, this is not true. A more appropriate definition for an uncontested divorce is it is a divorce in which the partners are able to come to an agreement on the terms of the divorce.

How a Couple Reaches an Agreement on Divorce Terms

A couple going through an uncontested divorce do not necessarily automatically agree on all of the terms of the divorce. There may be some instances in which the couple is in complete and total agreement but these are rare exceptions. In most cases, an uncontested divorce will require some form of mediation or collaboration. This is acceptable. As long as the couple is able to come to an agreement through the mediation or collaboration the divorce is still considered to be uncontested because the couple reached an agreement on their own without turning to the court system for a ruling.

When the divorce is resolved through mediation or collaboratively the process is very similar. A divorce through mediation involves the assistance of a third party outside of the marriage to help the couple make compromises and reach an agreement on all of the terms of the divorce. When the divorce is resolved collaboratively, each party maintains their own lawyer but the process does not go to court. Each partner meets with their own lawyer privately to start the process. After this, the couple meets with both of their lawyers present to begin the process of resolving the terms of the divorce. If these processes fail, the couple will be required to go to court for resolution. In this event, the divorce will no longer be considered an uncontested one.

The Terms to be Resolved during an Uncontested Divorce

There are a number of terms which must be resolved during the process of uncontested divorce. The number of terms to be established as well as the complexity of these terms will depend on a number of factors. In particular the complexity of the couple’s relationship and financial assets can complicate the matter. This section will discuss some of the key issues to be addressed during an uncontested divorce.

Whenever children are present, child custody becomes a significant issue. Before the divorce can be resolved, the partners must determine who will be the parent of residence for the child or children. It will also be necessary to determine how parental rights and responsibilities will be divided. The issue of health insurance for the child or children should also be established. Whether or not the non-residential parent will be required to be child support should also be determined.

The division of property and possessions is another important term of the divorce. The couple’s residence, properties and possessions need to be divided. In many cases this division will be done in a way which is fair and not necessarily equal. Property and possessions to be divided will include those which are jointly owned by the couple.

Spousal support will also have to be addressed. Most states do not require spousal support. However, if both parties agree spousal support is appropriate, it can be included in the divorce decree. The amount of spousal support as well as the duration for which it will be paid should be established during the divorce agreement.

Filing for an Uncontested Divorce

The process of filing for an uncontested divorce is very easy. This process is so simple that it can often be completed online by the couple without the involvement of lawyers. If you are curious about whether or not an online, uncontested divorce process is right for you visit http://www.divorceguide.com/confirm-online-divorce-eligibility.html. Here you will take a simple test that involves answering only three easy questions. Based on the answers you provide, the website will determine whether or not an online, uncontested divorce is right for you. If you are determined to be an ideal candidate for this process, you can be on your way to dissolving your marriage in only a matter of minutes.