What Is an Uncontested Divorce?

When most people think about divorces, they probably picture a long drawn out process where both parties are forced to spend a lot of time, money and energy as they try and resolve their marital differences. While many people do choose to go to court in order to finalize the details of the divorce and get the things they want from the divorce, many people crave an easier way to end the marriage and move on with their lives. When couples are able to resolve things on their own, or with the help of a mediator, the process is called an uncontested divorce.rnAn uncontested divorce is often a wise decision because many people get so involved in the routine and excitement of court battles that they end up losing a lot of money in an attempt to "win". However, if you and your ex decide to settle outside of court, then you will have a better opportunity to keep your emotions in check and not fly off the handle. Many times when couples are not relying on bulldog attorneys to represent them, they actually have a more favorable outcome because they are able to communicate directly and reach a reasonable resolution.rnYou should be advised, however, that if you or your spouse are too emotional, an uncontested divorce won't typically work. The beauty of an uncontested divorce is the fact that the couple can sit down and talk through the details of "who gets what", but if there is yelling, screaming and selfishness involved, there is no need to attempt an uncontested divorce. You may be wondering why this is not a more common type of divorce, but it is important to remember that many couples are not interested in being civil, and when this is the case, an attempt at an uncontested divorce, is not actually a good idea.rnUncontested divorce is generally a good idea when people want to make the divorce process simpler, and they are not interested in dragging the other person's name through the mud and making things awkward for years and years to come. It is also ideal when both couple have a pretty good idea of how they want to divide their assets, and they are not trying to both end up with the exact same things. However, if you and your ex do not have the other person's best interest at heart, then an uncontested divorce is probably not for you.rnIf there are abuse and other safety issues, then it is a good idea to consult a lawyer or mediator in order to decipher the truth and the reach an understanding that will be best for the couple and the children if there are any. When there are children involved, the parents should do their best to put aside their differences and fight for what is best for the kids. And if the parents are not able to reach an understanding, then turning to a mediator can often be much simpler than running to court.rnIf one party decides to have a private attorney during an uncontested divorce, then it is recommended that the other party seek legal counsel as well. If not an actually lawyer, they should at least seek counsel from some type of coach or mediator to ensure that things are fair and to prevent tempers from rising.