Divorce is never easy, but an uncontested divorce is considerably “easier” than a contested divorce. If both parties can agree on how to divide property, who gets custody of the children, and how child and spousal support should be paid, it is known as an uncontested divorce.
Ultimately, if a couple can agree on these and the divorce doesn’t go to trial, it is considered an uncontested divorce. Many couples today are finding that online uncontested divorce is the fastest and cheapest option.
There are two types of uncontested divorce: mutual and negotiated. Mutual uncontested divorces are when both parties are in complete agreement; they simply need to file forms in most cases.
Negotiated uncontested divorces often use either a lawyer or mediator or another outside party to assist in reaching an agreement. Both options require that the spouses agree on having a no-fault divorce. It means that neither of them blames each other for the marriage breakdown.
On the other hand, a contested divorce involves a trial and generally takes much longer and is more expensive. After an attorney is hired, each party engages in “divorce discovery,” where allegations are discussed, evidence and witnesses are gathered, etc.
Some contested divorces are settled out of court, but many - especially contested divorces with children involved - continue to go to trial.
As indicated above, the benefits of an uncontested divorce are that:
Couples who are in agreement on the division of assets, child custody, and support are eligible for an uncontested divorce online. This can include couples already in agreement about separation and division of property (a mutually agreeable version) or those who have sought the assistance of a mediator or lawyer (negotiated).
Yes! If you and your spouse agree to have an amicable divorce, you can prepare for it online. You’ll need to check in which state you can start your case since they all have specific residency requirements. But it’s only a matter of location and does not affect your eligibility for an online procedure.
Note that many states set a time period for when the divorce is official after papers are filed. Still, if both parties agree on the aforementioned details (assets, kids, etc.), the process can be straightforward. It is easiest when couples don’t share property or children, but it can be done.
Filing for divorce yourself will mean that you have to negotiate with your spouse yourself, but many couples find it worth it. As for the court forms, you won’t have to look for them on your own or figure out how to fill them out.
Even if a divorce is uncontested, the parties must file a complaint or petition to begin the divorce process. In addition, other documents may be required depending on the state where the case is filed. Uncontested divorce often involves forms for:
And more, depending on the state or county.
Because of the sheer number of forms and the implications of what they set forth as legal rights, many people going through an uncontested divorce today choose to seek the help of online divorce preparation services like CompleteCase.com.
The length of an uncontested divorce depends largely on how long it takes the couple to reach an agreement about child custody, division of assets, visitation, etc. A mutual uncontested divorce is, therefore, usually shorter than a negotiated uncontested divorce.
Married couples preparing for an uncontested divorce online significantly reduce the time it takes to complete their case. Usually, they receive all the necessary documents within a few days and can immediately submit them to the court. Some states require waiting periods after the divorce petition is filed before the court grants a final decree. The length of time may vary for an uncontested divorce with children.
The cost of starting the case online is usually much more affordable than off-line. Compare the following difference in prices. A regular uncontested divorce can cost as little as the filing fee (which is a few hundred dollars in most states) to tens of thousands, depending on lawyer/mediator fees. In many states, couples who can prove themselves indigent can have filing fees waived and get a divorce completely for free.
Many people seeking a more inexpensive route are now choosing to file for uncontested divorce online. They can leverage the experience of the online divorce provider and the ease and accuracy of filling out forms online. CompleteCase.com, for example, only costs $299 and provides unparalleled customer support.