If you and your spouse anticipate a no-conflict or low-conflict divorce, it’s a good idea to connect with an experienced uncontested divorce lawyer to discuss your legal options. Depending on your particular circumstances, you may be able to pursue an expedited form of divorce that is referred to as an “uncontested divorce”. If you don’t meet certain criteria, you may still be able to pursue a process that is free (or virtually free) of judicial intervention known as an “agreed divorce.” Either way, if you’re interested in an amicable divorce that doesn’t require a judge to make decisions on your behalf.
If I Have Minor Children, Can I File an Uncontested Divorce?
When people refer to “uncontested divorce” in a general way, they are contrasting a relatively amicable process with a “contested divorce” that requires judicial intervention. When spoken about in this general way, uncontested divorce simply means that spouses, their attorneys, and possibly a mediator, are able to work through the couple’s issues without requiring that the judge assigned to the case settle any disputes that have become impassable. By contrast, if a couple has fundamental disagreements about property division, child custody, child support, etc. and a judge must resolve these disputes in favor of one party or another, that process is referred to as a contested divorce.
However, there is also a technical approach to divorce that is referred to as the “uncontested divorce” process. This specific approach to divorce is an expedited process wherein couples who aren’t involved in a bankruptcy proceeding, have no minor children, will not be seeking alimony (spousal support), don’t own property jointly and agree on the terms of their divorce can get their divorce finalized more quickly than those couples who don’t meet these criteria.
If you own property jointly with your spouse, have minor children, or otherwise don’t meet the criteria for the uncontested divorce process but you can ultimately agree on your divorce terms without requiring the judge assigned to your case to settle disputes, you can secure an “agreed divorce.” Once you successfully negotiate the terms of the divorce with your spouse and their attorney, you can file agreed divorce forms to speed up your divorce process and keep a judge’s decision-making power from choosing your future for you.
Legal Assistance Is Available
If you and your spouse anticipate that you’ll be able to settle on the terms of your divorce with a little help – but without judicial intervention – please contact a family lawyer to discuss your uncontested or agreed divorce options.