What is an uncontested divorce?

If you’re planning on getting a divorce from your spouse, you may want to consider an uncontested divorce. Divorce proceedings can become messy when it involves emotions and family matters. An uncontested divorce can prevent some of the drama involved in these cases. However, an uncontested divorce requires the cooperation of both parties. Although this can be difficult for couples that are considering divorce, it can be a healthy alternative since it may ease the process.

An uncontested divorce is when both spouses agree to the terms of the filing. This process begins when one party or both parties cite that there was a “no-fault” ground. With a no-fault ground, it states that the marriage broke down and is beyond repair.

A fault ground is when a reason is stated for the breakdown of the marriage. These reasonings put the blame on one of the spouses, claiming that they are at fault for the divorce. Instead of having this occur, spouses can cite that they had an irretrievable breakdown of marriage, which will place no blame on either party. When an irretrievable breakdown of marriage is claimed, no one can be held accountable. Neither party can answer the claim and stop the divorce.

There are two kinds of uncontested divorces. A 1A divorce is when no one is at fault in the marriage. The grounds to the divorce have not been contested by either party. This includes issues regarding child support, custody, alimony, parenting time and the division of assets. All of these issues will be in a written agreement that both parties consider to be sufficient.

In a 1B divorce, the grounds to the divorce are uncontested. However, the remaining marital issues regarding child support, custody and so on, are not agreed upon. This may then result in a contested divorce regarding the remainder of the marital issues. Spouses will have to decide upon this further.

When going through an uncontested divorce, the company of an attorney may help the process go smoother. They can provide guidance throughout the process and make sure you are satisfied with the outcome. With so many emotions involved in a divorce, an attorney can help you think more logically.

If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.