If a couple have determined that their marriage should end, and they can mutually agree on all points of a final settlement agreement, it’s considered an uncontested divorce. Issues that they must agree on generally include property and debt division, custody, and child or spousal support.
In an uncontested divorce, there is no need for attorneys or court hearings, with the possible exception of the child support order. It will have to be signed by a judge and may require both parents attend a hearing. The judge must determine if the child support amount agreed on meets specific state child support and custody guidelines, and if not, whether it’s fair and equitable.
Filing an uncontested divorce can be cheaper and quicker than going through an adversarial trial process. Just because there are disagreements doesn’t mean that you must go with litigation. Many couples today are choosing to utilize arbitration or mediation to help them resolve any issues they may have and determine the conditions and terms of their own divorce. It can also be a healthier choice, reducing hostility and stress. If there are children involved, divorcing amicably can be a great benefit to their well being, ensuring smooth transition from one family to two.
