What is an Uncontested Divorce

An uncontested divorce is when:

(a)    There are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and

(b)    Your spouse either agrees to the divorce (by affidavit), or fails to appear in the divorce action after notification.

In an uncontested divorce, the spouses agree on everything and do not need the court to divide assets or make determinations about spousal or child support or custody. In general, an uncontested divorce will proceed through the system more quickly, be much less complicated, and less of a financial burden.

It has become more and more popular for spouses to "file their own divorce", eliminating the legal costs involved with hiring lawyers. Spouses that are successful doing their own divorce are almost always in agreement, thus they are doing an uncontested divorce.