More information on uncontested divorce

There are two kinds of divorces - contested and uncontested. A contested divorce is one in which the parties cannot agree, either about getting divorced or about the terms of the divorce, such as the division of assets, allocation of debts, alimony, child support, or the custody of children.

In an uncontested divorce, the spouses agree on everything and do not need the court to divide assets or make determinations about alimony, child support or custody, etc.. In general, an uncontested divorce will proceed through the system much more quickly, be much less complicated, and less of a financial burden. Often couples will begin the process of a contested divorce and then, before the actual final trial, reach agreement on the financial terms and other issues of the divorce. This is called a settlement. One of the biggest advantages of a settlement is that neither spouse will appeal it, because both by definition agree to it and thus are presumably happy with it. Both parties can therefore be assured of finality and an end to litigation. Uncontested divorce always starts with a settlement, or at least an informal understanding, between the spouses.

It has become more and more popular for spouses to "do their own divorce", eliminating the legal costs involved with hiring lawyers. Spouses that are successful doing their own divorce are almost always in agreement, thus they are doing an uncontested divorce. This is something you may want to consider before hiring lawyers if you and your spouse are in agreement because it may be that all you really need is an attorney who can prepare a settlement agreement for you both to sign. Of course, the lawyer can represent only one of you and the other may decide that he or she really does not need an attorney for themselves.

Our firm routinely prepares settlement agreements for the client who then presents the document to the spouse for final review and signature. For most uncontested divorces, this is a cost-effective process. It is not recommended that either spouse attempt to represent him or herself in a contested divorce. There is an famous quote, "he who represents himself in court, has a fool for a client". This is very true, because the complexities of a contested divorce are far too much for the average untrained individual to absorb. The financial and emotional repercussions of acting as your own lawyer in a contested divorce case can be devastating. You should at least consult with an attorney throughout the divorce proceeding even if you cannot afford to hire someone to actually appear in court with you.

If you reach a settlement with your spouse, it is essential to have the agreement memorialized in such a way that it makes the settlement clear, legally binding and enforceable. To accomplish this, you need an experienced family law attorney.