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    What is an Uncontested Divorce?

    An uncontested divorce is a divorce where both spouses agree on all aspects of the divorce and file the paperwork without the need of a contested hearing. This type of divorce tends to move through the court system faster and requires less paperwork as there are no disputes to resolve over things like property division, child support, custody, or spousal maintenance. Even if you plan to have an amicable divorce, there are important legal and financial considerations when filing, which is why working with an experienced divorce attorney is highly recommended to help ensure the details are handled properly according to state laws.

    How the Uncontested Divorce Process Works 

    During an uncontested divorce, both spouses agree to waive their right to a trial and sign off on all the details of the divorce, including:

    • Grounds for divorce (such as irreconcilable differences, adultery, or other approved reasons per state law)
    • Division of all marital assets and debts 
    • Child custody arrangements and visitation schedules
    • Child support payment amounts
    • Spousal support or alimony expectations, if applicable

    The spouses then file for divorce by submitting the appropriate paperwork that includes all of these details you have mutually agreed upon. This is often done with the assistance of an attorney to ensure state laws and proper legal procedures are followed, and to ensure that all issues are resolved. The paperwork and your agreements will then be reviewed and approved by a judge, finalizing the divorce.

    Some Important Considerations in an Uncontested Divorce

    While you and your spouse may intend to end your marriage amicably, it is still vitally important that you each understand your rights and what you may be entitled to in the divorce before signing off on any agreements. Key things to consider include:

    • Ensuring the division of all assets, including properties, investments, retirement accounts, collectibles, and more, is equitable based on state laws
    • Agreeing on child custody arrangements that allow involvement of both parents and are truly in the best interests of any children
    • Determining realistic spousal support expectations given both spouses’ incomes and circumstances 
    • Understanding implications of any property transfers, account divisions, or support payments

    An experienced divorce attorney can help explain state laws regarding the division of assets and debts, support payments, and other aspects of your divorce. They can also provide guidance on crafting mediation agreements that will hold up legally while allowing both spouses to move forward. This can give you confidence that your rights are protected even while having an amicable, uncontested split.

    Why Work with Seasoned Divorce Attorneys

    While you may get along well during your divorce process, it is still strongly advised that you both consult your own independent divorce lawyers rather than attempting to navigate even an uncontested divorce alone. Seasoned divorce attorneys have extensive expertise with all types of divorces across many states and can help ensure your rights are protected. Key benefits of working with expert FBA Law attorneys include:

    • In-depth understanding of family laws and divorce procedures in your state
    • Ability to explain all your options clearly so agreements meet legal standards
    • Knowledge to anticipate any potential future issues with initial agreements
    • Ensuring the details and paperwork are handled properly to avoid problems
    • Availability to answer any questions you have along the way
    • Making the overall process as straightforward as possible

    The team at FBA Law has guided countless clients through all types of divorces with success over many years. Our experience as both family and probate lawyers allows us to assist with even amicable uncontested splits, ensuring a fair and balanced outcome while saving clients stress, time, and money compared to contesting divorce details down the road. They can make the process as smooth as realistically possible, allowing both parties to move forward while still protecting your rights and interests. Contact FBA Law today to learn more or get started with your uncontested divorce case.