What Is an Uncontested Divorce?

Couple arguing & sad child

Generally speaking, the term “uncontested divorce” has been used to refer to divorces in which there are no disagreements. However, when you have two spouses who have decided to end their marriage, the reality is that disagreements are bound to arise at some point in the process. Therefore, the idea that any divorce will be truly uncontested is not realistic. However, under the Pennsylvania Domestic Relations Code, an uncontested divorce is one in which the disagreements are resolved outside of the courtroom and, after some cooperation and discussion, the spouses can reach a compromise on the major issues in their divorce case. Such issues often include:

  • Dividing their marital assets and property
  • Dividing their marital debts
  • Child custody determinations
  • Child support payments
  • Spousal support payments

When an agreement is reached on any relevant issues, your attorney can draft an agreement for the spouses to sign and present to the court for approval.

Benefits of an Uncontested Divorce

If the court approves the agreement between you and your spouse, it can grant your divorce without any further legal action. On the other hand, if you cannot agree or if you do not come to a reasonable agreement that the court approves, you will have to go into court to resolve the issues. If the court must decide any issues for you, it can require evidence gathering, presenting arguments and evidence to the court in multiple court hearings, and more. In these hearings, much personal information can be aired and the adversarial situation can only increase tension between you and your spouse. This is particularly not preferable if you must co-parent children and cooperate in the future. In addition, preparing for and participating in multiple court hearings can be very costly. In short, an uncontested divorce can save you significant time, money, and stress.

To achieve an uncontested divorce, your attorney may have to guide you and your spouse through negotiations, mediation, or other processes to resolve any issues outside of court. This process can be extremely valuable if you are able to file for an uncontested divorce.

Call our office at (215) 515-8464 for more information.

The Philadelphia divorce attorneys at the Law Office of Smith & Horwitz have helped many clients save resources and stress through uncontested divorces. It is extremely important to have the guidance of an experienced lawyer even if your divorce is uncontested, as disagreements or conflicts can arise at any minute. Call our office for assistance today.

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