Uncontested Divorce Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Uncontested Divorce, written in plain English, along with examples of how it is used.

What is Uncontested Divorce?

History and Meaning of Uncontested Divorce

Uncontested divorce is a type of divorce where neither spouse disputes issues like property division, child custody or spousal support. In this situation, the parties agree to settle their divorce outside of court without seeking a judge's decision. Generally, uncontested divorces are less time-consuming and less expensive than contested ones.

Many states have streamlined the uncontested divorce process because of its popularity. An uncontested divorce proceeding may not require any court-mandated conferences or hearings. The couple may only need to submit the necessary forms and wait out state-specified waiting periods before the divorce is complete.

Examples of Uncontested Divorce

Example 1: John and Jane are getting divorced on very amicable terms. They've managed to agree upon property division, child custody, and child support without any legal intervention. They both have signed an uncontested divorce agreement, and wish to have it processed as soon as possible.

Example 2: After 5 years of being married, Mike and Linda have decided to obtain a divorce. Neither of them has any interest in taking the other to court over any of the issues they're facing. They've agreed on everything outside of court and have submitted their paperwork for an uncontested divorce.

Example 3: Joan is in the military, and is currently stationed in a foreign country. She needs to get divorced because her husband has recently filed for divorce. Because she is stationed abroad, she wants an uncontested divorce that doesn't require her physical presence for court hearings.

Legal Terms Similar to Uncontested Divorce

1. Contested divorce - A divorce where parties could not come to a mutual agreement on one or more issues, requiring the issue to go to court to ensure an equitable resolution.
2. Divorce settlement agreement - A formal document that outlines the terms, conditions, and obligations agreed upon by the parties in an uncontested divorce.
3. Mediation - A dispute resolution method where the parties, with the help of a neutral third party, attempt to negotiate a settlement to resolve their differences without going to court.