William Long Whitesell, L.L.C.

How does an uncontested divorce work?

An uncontested divorce is simply a case in which both parents work together to resolve their legal issues. They generally agree on major topics like child support payments, child custody schedules, parenting plans and the division of assets.

That does not mean both people are happy about the divorce. This type of case still starts with one person legally filing divorce paperwork. The other person may have wanted the marriage to continue and may feel frustrated and hurt to see it end.

However, divorce is a legal process. No matter how you feel about the split, you can still agree on the fundamental legal steps that you will take. Even if your spouse filed, you can agree on a fair division of assets and a child custody plan that keeps both parents involved. That's what the court is often trying to accomplish in a contested divorce anyway.

It is important to note that you and your spouse cannot do anything you want within your divorce agreement. It still needs to be fair and the court has to sign off on it to make sure everything is legal. However, if both of you understand your rights and generally agree on how you want the divorce to go, you will be able to come up with a plan that gets approved.

The major reasons that couples select an uncontested divorce is that it is typically both faster and cheaper. If everyone is on the the same page, it is an easier process. Make sure you understand all of the legal options that you have.

Source: FindLaw, "Uncontested Divorce," accessed May 24, 2018

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