Contested divorce is the divorce in which both spouses reach an agreement that they wish to end their marriage and have set the details between them. They have resolved all the outstanding issues related to children if they have any, marital property, and marital debts.
How does a contested divorce work?
Your divorce is uncontested if you and your spouse have reached an agreement to end your marriage on your own. It may be a matter of resolving just a few issues or it could be much more complex, depending on the length of your marriage and whether you have children and whether you have accumulated a lot of property and debts.
All of these factors must be addressed so that a decision can be presented to the court. In the case of an uncontested divorce, you are not asking the judge to do anything other than terminate your marriage because you have already reached an agreement on all issues. Your agreement must be documented in a written, signed, and notarized document.
Example of a contested divorce
You and your spouse have only been married for a few years, but you have realized it was a mistake, so you decided to go your separate ways. You have one child together, who is a baby. You bought your home last year and hold a joint mortgage on the property. You have $300,000 in debts outstanding, including credit cards and the mortgage. You do not have any retirement assets yet and have minimal other assets.
Based on these factors, you reach an agreement that you will have custody of the baby, and the little one will spend weekends with your spouse. You agree to sell the home since neither of you can afford the mortgage on your own salary. The proceeds from the sale of the home will be used to pay off the mortgage, and you will split any remaining funds equally 50/50. You decide that you will take on half of the other marital debts, and your spouse will be responsible for paying the other half.
You incorporate all of this into a written, signed, and notarized agreement and submit it with your divorce petition and any other required documents to your local district court. A few months later, you will appear in court, and the judge will terminate your marriage according to the terms you have agreed upon.
Advantages and disadvantages of a contested divorce
Advantages
- Less expensive than a contested and litigated divorce.
- More private and less psychologically stressful.
- Can be faster than a contested divorce.
Disadvantages
- May be unfair and inequitable in some cases.
- It can be difficult at times to reach an agreement.
- May not be suitable for high-asset marriages or emotionally charged marriages.
Contested divorce vs. contested divorce
Contested divorce
- These types of divorces can be finalized quickly.
- You may not need an attorney, and if you do need one, they will not have to devote as much time to finalize your divorce, saving you money.
Contested divorce
- This type of divorce can take several months or a year or more, depending on the issues in your marriage.
- Your attorney will have to represent you in court and attend settlement conferences, which can cost you a lot of money.
How to get an uncontested divorce
To obtain an uncontested divorce, you will need to deal with a substantial amount of paperwork. The required documents may vary depending on the state, but there are some general practices that are very common.
Filing the appropriate paperwork
Either you or your spouse must file a complaint or petition for divorce to start the process. For example, the state of New Jersey requires you to notify the court that your case is uncontested, but you will have to pay a filing fee. These fees typically range from $175 to $400.
Many states require the defendant spouse (not the spouse filing the petition) to file a supporting document called “appearance” or “acknowledgment of service.” This confirms that they have received a copy of the complaint or divorce petition and that they also wish to divorce and will not contest it.
In
In the best case scenario, you will have already reached an agreement on how to end your marriage. The agreement should generally be included in a property or marital settlement agreement that both parties will sign and have notarized. You can submit these documents to the court, along with a proposed final divorce decree or judgment that includes the decision you reached in your property settlement agreement. Some states may also require both spouses to submit a detailed financial affidavit outlining their income, assets, and debts.
Tip: You may be able to find pre-printed forms for many of these documents on your state court’s website. If you choose to go this route, all you need to do is fill in the blanks.
Appearing in Court … If Necessary
Filing the appropriate paperwork may be the beginning and end of the process, especially if you have been married for a short time and have no children or significant assets to deal with. You can ask the court to terminate your marriage “on the papers.” In this case, the court may simply mail you the final divorce decree.
However, in some states, you may be required to appear in court to affirm under oath that you signed those documents and that you are comfortable with the decision you reached to end your marriage. Some states may also require only the spouse who initiated the proceedings to appear in court to finalize the matter. For example, Minnesota requires one court appearance for an uncontested divorce if you have children or if neither party is represented by an attorney. Otherwise, neither party is required to attend a hearing.
Frequently Asked Questions (FAQ)
What is the cost of an uncontested divorce?
The cost of an uncontested divorce can vary depending on the filing fees in the state and the overall cost of living in the area, especially if you are hiring an attorney to help navigate the legal process. It may cost you less than $2,000 if you need an attorney, or less than $500 if you have already reached an agreement before contacting an attorney or if you do not need an attorney.
How do you file for an uncontested divorce?
Filing for an uncontested divorce can be a straightforward matter of submitting a petition or complaint for divorce to the court and then ensuring that your spouse is “served” with it and receives a copy in an acceptable legal manner. Your spouse can then acknowledge receipt with the court.
How long does an uncontested divorce take?
An uncontested divorce can take much less time than a contested divorce because you do not have to wait for the court to schedule hearings for different proceedings, such as case management conferences or mediation. An uncontested divorce can genuinely be completed without issues in three months or less in some New Jersey counties, for instance. Conversely, it can take only a month or two in the Duluth area of Minnesota.
Source: https://www.thebalancemoney.com/uncontested-divorce-7091669
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