What is an uncontested divorce?

If both parties agree to every possible issue before a divorce case is filed, an uncontested divorce can be obtained.  At the time of filing an uncontested divorce, a Separation Agreement must be included.

What issues must be decided upon for an uncontested divorce?

The following issues must be agreed upon by both parties:

  • Division of property
  • Alimony
  • Child custody
  • Child support
  • Visitation rights and schedules
  • Health Insurance
  • Division of retirement accounts
  • Division of debt

What if we can’t resolve issues regarding divorce?

When both parties cannot agree on every issue in a divorce, it is considered a contested divorce.  Contested divorce simply means one or both parties have not yet found an agreeable solution to one or more issues at hand.  If this is the case, you would file the paperwork as a contested divorce instead of an uncontested divorce.

Is a trial necessary if we can’t file an uncontested divorce?

No; not every case makes it to trial.  In most situations, a contested divorce is resolved before trial by settling any outstanding issues.  Never file for an uncontested divorce if the proposed solutions are not fair to your present and future situations.

What must be filed with an uncontested divorce?

  • Joint Petition for Divorce
  • Financial Statements for both parties
  • Affidavit of Irretrievable Breakdown
  • Original or certified copy of a marriage certificate
  • Separation Agreement
  • Affidavit Disclosing Care and Custody Proceeding (in cases with children)
  • Child Support Guidelines Worksheet (in cases with children)
  • R-408 statistical form

Are the necessary documents for an uncontested divorce difficult to complete?

Not all documents needed when filing an uncontested divorce are complex.  Some require only general information.  Other documents require more attention and can prove difficult to those not familiar with the legal process.  A competent divorce attorney can ensure your documents include the language and factors necessary for the court.

Will you represent both of us in an uncontested divorce?

It is always best for both parties to engage in the advice of an attorney.  Provided both parties are comfortable working with the same attorney, agreements can be drafted and revised with each party individually until a solution is found.  However, my duty to my client and their best interests always comes first.

Can I handle my uncontested divorce case on my own?

Yes, you can handle an uncontested divorce on your own.  It is important to note, however, that the Separation Agreement can impact your life far into the future.  Once the judgement of the court has been issued on your case, it can be difficult to correct a mistake.  Enlisting the advice of an attorney to review the final agreement is strongly recommended.