An uncontested divorce refers to a dissolution of marriage in which the parties are able to reach an agreement on all the material issues involved in the case either before filing a petition or very soon thereafter. An uncontested divorce is typically resolved by the parties entering a Separation Agreement (sometimes called a “Property Settlement Agreement”) that details the terms of the settlement. An uncontested divorce is settled out of court without the need to attend a hearing.
It is typically faster and less expensive than a contested divorce.
The law does require a sixty day waiting period before a divorce can be granted, even when the parties have agreed on everything. Lawyers are often used in uncontested divorces to ensure that the agreement of the spouses is properly documented.
Even if you and your spouse both agree you want a divorce, the divorce is only “uncontested” if you agree to every provision concerning legal decision-making, parenting time, child support, spousal maintenance, and the division of your property and debts. If any of these matters are disputed and cannot be settled through mediation, settlement conferences, or negotiations with the attorneys, your divorce is NOT uncontested, and a trial may be necessary. You can also agree to different processes to have your disputes resolved, such as Arbitration or the appointment of a Special Master to make those decisions.