Divorce is hurtful and messy in the best of circumstances. You and your spouse are mature enough to realize that the less you fight, the easier it will be for the both of you. You still care about your spouse- the two of you just cannot be together any longer. You have sat down together and discussed your future. You have actually come up with a plan. You both want to be fair. You just need someone to put the agreement down on paper.
An uncontested divorce is a divorce where the parties agree to the terms of the judgment even before the divorce paperwork is filed. The advantage is that the parties can avoid litigation; neither party ever appears in court, and because there is no litigation, the cost is substantially less. The disadvantage is that it requires each party to compromise. In order to obtain a settlement, each party must be flexible and make realistic demands from the other party.
An uncontested divorce is not appropriate for everyone. If you have a large estate, complicated legal issues, have an unreasonable spouse, or are a victim of domestic violence, an uncontested divorce is not for you. In order to qualify for an uncontested divorce, the parties must agree on all the terms of the divorce. This includes agreeing on entirely on each of the following issues: child support, spousal support, child custody, child visitation, attorney fees, division of property and division of debts.
The parties’ agreement need not be in writing. It is the job of the attorney to write up and finalize the paperwork. The attorney will also help you determine what information and documents are necessary to be included in the court paperwork. The attorney will then prepare and file the court documents, help you arrange for service of the documents, and coordinate the signing of the final documents. Since the papers are all prepared in the attorney’s office and then filed with the court, there is no reason for either party to ever set foot in a courtroom.