What is an uncontested divorce?

On Behalf of | Mar 10, 2018 | Divorce

Not every divorce has to be acrimonious. It is possible that a couple amicably agrees to end their association with one another and as a result, there are no disagreements as to major divorce issues, such as child custody and alimony. New York residents may have heard of the term ‘uncontested divorce’ used in this regard.

An uncontested divorce is when there are either no disagreements between the couple over divorce- related issues or one of the spouses agrees to the divorce or fails to appear for the action. In these circumstances, the paperwork in the divorce process is streamlined, with the documentation for property division and child custody being filed without dispute.

There are a number of benefits to pursuing an uncontested divorce, the most important being how smoothly the process goes. Since there is little dispute, the divorce eventually is granted quickly. This allows them to quickly move on with their lives. It also minimizes the opportunities for conflict to arise during the divorce process as well, because parties are not making requests for documentation that the other is not agreeing to give. This also means lesser information is filed when divorce proceedings become open to the public, allowing the divorced couple to minimize the amount of private information that goes on the public record.

An uncontested divorce is not possible for everyone, especially if complex property division matters are involved. Additionally, not every couple is able to put aside their differences and go through an amicable divorce. Regardless of the type of divorce one is going through, they may want to consider consulting an experienced attorney, as there are a number of divorce legal issues that need to be resolved completely to ensure one’s move onto their new life is a smooth one.