UNCONTESTED DIVORCE

It's estimated that upwards of 95% of divorces in the U.S. are “uncontested”, because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties come to an agreement prior to entering court.

Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them. In the majority of cases, forms are acquired from their respective state websites and a filing fee is paid to the state.

A consensual divorce is upheld by a judge when the following requirements are met:

• When there is no disagreement between the two parties related to financial or divorce related matters, such as custody of children or division of property of the couple.
• The both parts agrees to the divorce or does not appear at the divorce hearing.