The Benefits of an Uncontested, Amicable or Agreed Divorce

October 22, 2023

Divorce is hard. Not only is it emotionally challenging, but the legal process can be long and expensive in some cases. One way to make things a bit easier is to consider if you and your soon-to-be-ex can agree on the outcomes. If that is so, then you might be able to persue an uncontested divorce. An uncontested divorce is when both spouses agree on all the major decisions (e.g., division of assets (stuff), child support, spousal maintenance (alimony), etc.) without any court intervention. All the court does in these cases is formalize the agreements you reach in most cases, although the court does make sure its fair and that it is all done correctly. An uncontested divorce has several huge advantages for my clients.


Cost Savings


One of the biggest advantages of an uncontested divorce is the cost savings. Because you are making all the major decisions yourself, you will save money on legal fees and court costs. In most cases, couples who opt for an uncontested divorce pay a fraction of what they would have spent if they had gone through contested proceedings in court. Plus, since there are no lengthy legal proceedings, you will save yourself time and energy as well.


Less Stressful


Divorce can be very stressful—both emotionally and financially—for couples who decide to go through with a contested divorce, because they will have Court proceedings and hearings. When two people cannot come to an agreement on such matters as division of their stuff or parenting times, then it must be settled by a judge in court after a trial. This process can be very difficult and contentious for both parties involved as well as their families. On the other hand, when couples opt for an uncontested divorce they are able to negotiate and come to agreements in a much less stressful environment with less drama involved overall.


More Control Over Outcome


Another benefit of going through with an uncontested divorce is that both parties have more control over the outcome than if they went through with a contested proceeding in court. With an uncontested divorce, each spouse has the power to negotiate and decide upon such matters as division of property or even parenting with their children without having those decisions dictated by someone else (i.e., a judge). This gives both parties more control over their own lives after the separation which can make it easier for them to move on with their lives in peace once everything has been finalized legally speaking.


When considering whether or not to pursue an uncontested divorce instead of going through a contested proceeding in court, it’s important to weigh all your options carefully before making any final decisions. While there are many advantages to pursuing this route such as cost savings and more control over your own destiny after the separation, there may also be some disadvantages depending on your particular situation that should also be taken into consideration before making any final choices about how best to proceed legally speaking when getting divorced from your spouse or partner-in-life. All that being said though—uncontested divorces usually offer couples more peace of mind than if they had gone through traditional courtroom proceedings so it certainly may worth exploring this option.


If you and your soon to be ex are in agreement, and you want to proceed with your uncontested divorce, reach out to me. I am a call or click away from turing your agreements into your final paperwork.