Uncontested Divorce
Written by Steven Keist

Uncontested Divorce

Date:

If you and your spouse have agreed on the terms of your divorce from the outset, your divorce might be considered “uncontested.” You can work together to file the necessary paperwork setting forth your agreements and the case can be completed without involving a judge. This is often accomplished without involving attorneys.

If you are still married and thinking about getting divorced, you should know that Collaborative Divorce is a more peaceful divorce option. In this process, you and your spouse brainstorm ideas and rely on the guidance of legal, financial and communication professionals to assist in reaching a settlement agreement. There are many benefits of choosing a collaborative process when you want a healthy and satisfactory separation experience.

What is An Uncontested Divorce?

An uncontested divorce is when both spouses agree to the divorce and are willing to negotiate and compromise on a divorce settlement agreement without fighting in court. Simply stated, both spouses agree on divorce issues such as legal decision making and parenting time, division of marital property and debts, spousal maintenance, and child support. An uncontested divorce can allow you to end your marriage without court hearings, legal posturing, or constant negotiations.

How Much Does an Uncontested Divorce Cost?

On average, you can expect the legal fees for a straightforward divorce without court proceedings to average around $5,000 to $10,000. The cost of an uncontested divorce also depends on the hourly rates charged by the attorneys; average attorney fees ranging from $250 to $450 per hour. According to LegalZoom, “If you retain an attorney, he will bill your deposit at the rate of $250 to $450 for each hour of his time. Attorneys practicing in large metropolitan areas may charge more than $450, and those in rural areas may charge less than $250.”

Uncontested Divorce Pros

Uncontested divorce pros include:

  • Cost. One of the biggest benefits of an uncontested versus a contested divorce is the cost. The cost of uncontested divorce can be significantly lower than traditional litigation. Because every case is unique, the exact cost of an uncontested divorce can vary from couple to couple.
  • Out-of-Court. You may not have to go to court to settle your divorce issues.
  • Control. You and your spouse are in control and make the final decisions.
  • Time. Typically takes less time than a litigated divorce.

Uncontested Divorce Cons

Uncontested divorce cons include:

  • Not for everyone. Uncontested divorce may not be an option in cases involving criminal matters, significant property disputes, or situations where one of the spouses is suffering from mental health issues. Complex cases have a greater change of progressing to court.

Uncontested Divorce Versus Contested Divorce

An uncontested divorce means spouses reach agreements regarding the issues related to the ending of the marriage, versus a contested divorce, which is a kind of divorce where parties can’t agree on the resolution of their divorce issues and may have to go to court to let a judge decide for them.

How To Get an Uncontested Divorce

You can get an uncontested divorce by hiring a divorce lawyer or filing out uncontested divorce forms provided by your local county courthouse. If you want to file for uncontested divorce you must: fill out the uncontested divorce forms, file them with your country clerk, pay the filing fee, and serve them to your spouse. Check with your attorney or county clerk to ensure your papers are served properly. You might have to start over again if you don’t service the divorce papers properly.

Collaborative Divorce is a Peaceful Divorce Option

Divorce litigation can be scary and emotionally draining for you, your spouse, and your children. But it doesn’t have to be that way with collaborative divorce. The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved. One of the legalfinancial, and communication professionals at Best Legal Choices can help you navigate this difficult time in your life.

OUR PROFESSIONALS CAN HELP WITH THE COLLABORATIVE PROCESS IN ARIZONA!

Divorce litigation can be scary and emotionally draining for you, your spouse, and your children. But it doesn’t have to be that way with collaborative divorce. The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved. One of the legalfinancial, and communication professionals at Best Legal Choices can help you navigate this difficult time in your life.