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Who can file for an uncontested divorce?

On Behalf of | Dec 27, 2023 | Divorce

Making the decision to end your marriage is one often preceded by significant thought and consideration. You do not make this decision lightly, but you also want to ensure that the choices you make are reasonable, sustainable and in your best interests. One of the options available to you is an uncontested divorce. This means that there are no remaining divorce disputes and that the divorce can proceed. 

Not everyone is eligible for an uncontested divorce. Even if you believe that you and your spouse could pursue this option, it is still beneficial for you to learn as much as possible regarding what to expect and how you can pursue the best possible outcome to your divorce-related concerns. Whether you seek an uncontested divorce or other option, you have the right to pursue a final order that is in your interests. 

Eligibility for an uncontested divorce 

In order to file for an uncontested divorce, there must be no remaining divorce issues to resolve between the two parties. You and the other party are in agreement regarding child custody, financial support, property division and more. Without the need for litigation or the court’s intervention, these divorces typically take less time to complete, and they may be less expensive. A divorce can start out as contested, and then a couple may be able to reach an agreement that is satisfactory to both parties. 

It is also possible to get an uncontested divorce if the other party does not respond to the divorce petition filed by one spouse. For example, if you file for divorce and the other spouse does not respond, does not appear in court and makes no request, the divorce will move forward as uncontested. It is important for you to know your rights, even if you plan to file for an uncontested divorce. 

Your future is at stake 

There is much at stake during your divorce. Even if you will not need to go to court and there are no remaining divorce disputes to resolve, your interests are on the line, and it is important to keep your focus on the future as you make important decisions. An assessment of your goals, your divorce order and other factors can help you pursue a divorce order that allows you to look to your post-divorce future with confidence.