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What is an uncontested divorce?

Uncontested divorce gives divorcing spouses the chance to end their marriage peacefully and with dignity. The main advantage of uncontested divorce in comparison to other types of divorce is its cost. An uncontested divorce that stays uncontested is almost always the least expensive way of getting divorced. The low cost is not, however, the only advantage of uncontested divorce. If the level of conflict between the two spouses remains low, an uncontested divorce offers a way to keep it that way. It is more private, more cooperative, and likely to keep more of your assets in each of your pockets and out of the hands of lawyers, accountants, process servers, and others required to put on a full divorce proceeding.

The low cost is not, however, the only advantage of uncontested divorce. If the level of conflict between the two spouses remains low, an uncontested divorce offers a way to keep it that way. It is more private, more cooperative, and likely to keep more of your assets in each of your pockets and out of the hands of lawyers, accountants, process servers, and others required to put on a full divorce proceeding.

An uncontested divorce is similar to a collaborative divorce. In both situations, determinations on asset division and child custody will be made outside of the courts. With collaborative divorce, this is done with the assistance of you, your spouse, and each of your attorneys. In uncontested divorce, however, you and your spouse determine these items and create a settlement agreement outlining what you have determined.

Generally, every jurisdiction will require you to prepare similar documents to initiate a divorce, such as a petition for divorce, documents proving both parties are aware of and participating in the case, financial affidavits disclosing everything each spouse has, a settlement agreement and a proposed judgment. Some jurisdictions may also require you to attend couples therapy prior to granting the divorce. Often, the necessary paperwork is available online or may be procured at the clerk of court’s office.

For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.

The information provided is for your reference only, is not intended to be advice, and should not be construed as such. The information provided or legal statutes may change at any time, and we are not accountable for the accuracy of this information. Use of this website or information provided does not constitute a client-attorney relationship. Please contact us for legal assistance with your specific question or need.