An uncontested divorce occurs when the couple agree to and have reached agreement on most or all matters of dispute, such as division of property, child custody visitation etc. Reaching such agreements out of family law court can save a significant amount of money as well as avoid the stress of a contested divorce. Lawyers are not required in order to reach an uncontested divorce, but it’s always a good idea to consult a lawyer to make sure you are not overlooking anything that could be regretted down the road. In many instances couples may choose to talk to separate lawyers even when they believe they agree on everything.
When children are involved in the uncontested divorce the case may often be referred to the applicable family law court for interviews and recommendations in regards to child custody. These interviews determine which parent receives custody, the type of custody and the amount of child support to be paid by the non-custodial parent. If an objection occurs then the case now becomes contested.
Many couple who pursue an uncontested divorce choose to draft their own divorce agreement and hire a family law attorney to look over it. It should be noted that many attorneys will be reluctant or even refuse to sign off on an agreement that they didn’t draft themselves.
Even if both couples feel they agree on everything it is generally a good idea for them to retain separate counsel. This will ensure that his or her best interests are looked after. A divorce agreement is legally binding and it is a good idea to consider everything before you agree to it.
If any party challenges any part of the divorce then it becomes a contested divorce. Some states do not allow uncontested divorce and additional paperwork will need to be completed.