Law Offices of Barry I. Finkel, P.A.
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2 key elements of an uncontested divorce

In many ways, an uncontested divorce is easier for you and your family. You can move smoothly through the process of dissolving your marriage. Rather than "fighting it out" in court, you may just end up using mediation to decide on an agreement that you both support.

There are two key elements that have to be in place for an uncontested divorce, however. They are:

  • You both agree to split up. If you agree and your spouse refuses to go to court, they also look at that as an agreement. To disagree, your spouse has to show up and do so in person.
  • You do not have any monetary disputes. These could include things like child support or alimony. You also have to agree on child custody, which is not strictly a monetary issue.

When you do not agree on these issues, the court has to sort it out for you. That prevents it from being an uncontested divorce.

This is why people sometimes use mediation. They may not want to agree right out of the gate, without legal assistance. By sitting down with their spouse and a mediator, they can come to an agreement long before they arrive in court. The court still sees this as an uncontested divorce, but neither person has to worry that they have made a mistake to get to that point.

Are you thinking about getting divorced and looking into ways to make it easier for all involved? Make sure you know what legal options you have and exactly what steps you and your spouse need to take.

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