What is an uncontested divorce?

If you and your spouse are considering filing for divorce, you might initially find some of the terminology and process confusing.The phrase “uncontested divorce,” for example, might be tough to figure out. Since it sounds like the opposite of a “contested divorce,” an uncontested divorce must mean that both parties are still friendly with one another, right?

Well…not exactly. Let’s take a look at what an uncontested divorce is, how it works and how to decide if a Denver uncontested divorce is right for you and your soon-to-be former spouse.

What is uncontested divorce?

While it definitely sounds more civil than a contested divorce, the phrase “uncontested divorce” does not necessarily mean that the split is amicable, nor does it mean that you and your ex-spouse have to stay friendly either during or following your divorce. (Actually, in many cases,  the total opposite is true!)

The primary difference between contested and uncontested divorce is that the former usually involves courtroom proceedings, complete with attorneys and a judge, to finalize a divorce agreement while the latter requires a mutual divorce settlement to be agreed upon by both parties and submitted to the court, resulting in a process that can be much faster, more affordable and less painful than a traditional courtroom divorce.

How can an uncontested divorce benefit me (and, I guess, my soon-to-be ex too)?

If both you and your soon-to-be ex-spouse agree that filing for divorce is the best solution for you, both parties can benefit greatly from an uncontested divorce, as long as you can cooperate on reaching an equitable settlement. Instead of having to go through the expensive, emotionally-taxing ordeal of courtroom litigation, which can sometimes drag on for a full year, filing for an uncontested divorce means settling out of court with a mediation specialist, which can save a considerable amount of time, money and stress for both parties.

What steps do my soon-to-be former spouse and I need to take to file for a Denver uncontested divorce?

While each set of circumstances is different, here are some guidelines to help you and your spouse achieve a mutually beneficial, equitable uncontested divorce agreement as simply and quickly as possible:

• Compromise on major issues—Make sure to address key issues such as alimony, child support, custody and who will retain residence at the home you share as soon as possible in your divorce mediation sessions.
• Create a custody plan—Divorcing spouses with children will need to devise a plan for where the children will live, when and with whom, and make an outline of pre-arranged pickup and drop-off times and days for each week.
• Divide assets equitably—Compromise on who gets what, as well as how much you are each entitled to receive.

Once you are able to reach an equitable divorce settlement, you will file the necessary paperwork and file a petition with the county in which you live, and your Denver uncontested divorce will be finalized. 

Choosing uncontested divorce isn’t right for everyone, but if it sounds like it is a good solution for you and your soon-to-be ex, it can help save both of you a great deal of time and money, not to mention peace of mind!