Every divorce scenario is different from the next. Spouses stay married for different amounts of time, accumulate vastly different property and divorce for different reasons. However, the same general rules and court procedures apply to every divorce. Spouses typically need to decide whether they want to settle matters on their own or litigate. Those who can negotiate their own terms with one another may be eligible to file for an uncontested divorce.
What do spouses need to do to move forward with an uncontested divorce?
Spouses must settle their disputes ahead of time
Uncontested divorce proceedings involve the spouses asking the courts to review and finalize their arrangements. The courts do not hear about marital circumstances, require formal discovery or make determinations about asset distribution. They simply review and approve the terms proposed by the spouses.
To pursue an uncontested divorce, spouses have to resolve all major outstanding matters on their own. They may do this through a collaborative effort, divorce mediation or negotiations overseen by their lawyers.
Generally speaking, spouses have to agree on a way to divide their marital property and debts. If they have minor children, they must agree to a reasonable allocation of parental rights and responsibilities. They also have to agree on terms regarding financial support. If spouses can address all of those concerns successfully, they can then likely proceed with an uncontested divorce filing.
Learning more about divorce proceedings can help people understand what to expect. Those who settle matters on their own (with the assistance of their legal representatives) can take control of their divorces instead of relying on the courts to resolve matters for them.