WHAT IS AN UNCONTESTED DIVORCE?
- Robert G. Shivley
- May 7
- 4 min read
It sounds ideal-- you and your spouse have agreed to get divorced, and you believe the process will be uncontested. But is it truly uncontested? Simply agreeing to end the marriage is only the first hurdle. There are still many details to work through, and true agreement means reaching consensus on all major issues, not just the decision to separate.
An uncontested divorce means that you and your spouse have discussed and reached an agreement on ALL major issues related to the separation. These include but are not limited to: property division, child custody and support, spousal support (aka alimony), and debt allocation. Within these broad categories are a number of specific considerations, such as
1. Division of personal bank accounts.
2. Division of retirement accounts.
3. Ownership of the marital home: Who keeps it? Will it be sold? How will the equity be divided?
4. Division of personal property (e.g., furniture, electronics, vehicles, boats, household items).
5. Responsibility for debts, including credit cards and loans.
6. Child custody arrangements, parenting time, and child support obligations.
7. Allocation of tax responsibilities and benefits, including deductions and liabilities.
Reaching a full agreement on these issues is essential for your divorce to be considered uncontested.
The list of considerations may seem overwhelming, but they can be worked through with time and effort. An uncontested divorce doesn’t necessarily require you and your spouse to agree on everything from the start—it simply means you are both willing to negotiate and reach a final settlement outside of court. With patience and cooperation, an uncontested divorce is still achievable.
WHAT ARE THE BENEFITS OF AN UNCONTESTED DIVORCE?
Reduced Costs:
One of the primary advantages of an uncontested divorce is the reduced cost. By avoiding a lengthy court battle and extensive legal fees, you can save a substantial amount of money. This can be especially helpful for individuals already experiencing financial strain as a result of the marriage ending.
Less Emotional Stress:
Divorces are inherently stressful, but an uncontested divorce can help reduce some of that burden. Because both parties agree on the terms, there is typically less conflict, leading to a more equitable and collaborative resolution. This can be especially important when children are involved, as it promotes stability and minimizes the emotional impact on their well-being.
Faster Resolution
An uncontested divorce typically progresses through the legal system more quickly than a contested one. Without resolving disputes in court, the process can often be concluded in a matter of months rather than extending over a much longer period. A quicker resolution not only allows you to move forward with your life sooner but also preserves your financial resources by minimizing legal fees and associated costs.
Greater Control:
An uncontested divorce allows you to retain greater control over the outcome of your separation. In most cases, individuals are more satisfied with a settlement they’ve personally negotiated and agreed upon, rather than one imposed by a judge. No matter how much evidence is presented in court, a Judge can never fully understand the intricacies of your life, your marriage, or what may work best for your family.
IS AN UNCONTESTED DIVORCE RIGHT FOR YOU?
It depends. While an uncontested divorce certainly offers several advantages—including typically being faster and more cost-effective than a contested divorce—it may not be the right choice for everyone. Certain situations may require additional legal support to ensure a fair and equitable outcome.
Stressful:
It is important to remember that even an uncontested divorce can be stressful and emotionally taxing. If the process becomes overwhelming to the point where you cannot effectively negotiate division of assets and debts or determine parenting time, it may be wise to seek legal assistance. This leads to an important question: Do I need an attorney?
Attorney or no attorney:
Even in an uncontested divorce, it may be in your best interest to have legal representation. Without an attorney, you risk overlooking important legal details or failing to fully protect your rights. Critical issues -- such as division of retirement accounts, spousal maintenance, proper asset valuation (including homes or businesses), accurate child support calculation, and considerations for children with special needs—can be complex and are often best handled with professional legal guidance.
Regardless of whether you ultimately hire an attorney to represent you, it is generally a good idea to consult with an attorney to better understand the complexities of your divorce.
Power imbalance;
Sometimes, one spouse may be more aggressive or better informed regarding the family finances, creating a power imbalance. In such situations, the less-informed spouse may be at risk of being taken advantage of. It is generally wise to gain a clear understanding of your spouse’s financial status and family assets. If your spouse is using your lack of financial knowledge regarding the family finances to their advantage or is particularly more aggressive, an uncontested divorce may not be possible.
Children:
Divorce is especially challenging for children. When there is significant disagreement between the parents regarding custody, parenting time, or child support, reaching an uncontested divorce may not be possible.
Ultimately, whether an uncontested divorce is appropriate for your situation depends on several factors, including your ability to manage stress, the potential need for legal representation, the balance of power in financial negotiations, and the well-being of your children. It is essential to carefully evaluate these aspects and seek professional guidance when needed to protect your rights and help ensure the process proceeds as smoothly as possible.
Robert Shivley
Attorney at Law
Shivley Law Firm, P.A.
427A Poyntz Avenue
Manhattan, Kansas 66502
Phone: (785) 537-8415
