Uncontested Divorce

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.