What is an uncontested divorce?
An “uncontested divorce” is a divorce action in which the husband and wife agree on how everything is to be divided, how much time the children (if any) will be with each parent, what amount of child support (if any) will be paid (and received), that they will get a divorce, and that there are no other issues about which they don’t agree. That is, where the husband and wife agree not only that they will get a divorce, but that they also agree on how their property is to be divided between them (including their personal and household items, their financial accounts, their real property (house and land), their retirement accounts, and what is to happen with any other assets or debts either of them have, who is to pay what debt, whether or not there will be spousal support, how child custody, parenting time, and child support will be arranged, the payment of attorneys’ fees and costs.
If you and your spouse have not agreed on all these matters, then the divorce is not “uncontested.” A divorce is not “uncontested” merely because both the husband and wife want a divorce. Although every issue might be easily resolved soon after filing the divorce – or before the final hearing in the divorce – if any disputes exist about any issue, then the divorce is not an “uncontested divorce.”
This does not mean that a trial is necessary – or even inevitable. It only means that there is more to do than simply preparing “agreed” documents for both husband and wife’s signatures.