What Are the Pros & Cons of an Uncontested Divorce?

Posted on: 29 September 2015

When faced with divorce, it's normal to feel overwhelmed. One choice that should be made early on, with the agreement of your spouse, is whether you will be filing a contested or uncontested divorce. An uncontested divorce means that you and your soon-to-be ex are in agreement about major issues regarding the divorce, such as how your property and bank accounts will be divided. When considering an uncontested divorce, here are some pros and cons to keep in mind:


1. Saves Money: One of the biggest benefits of an uncontested divorce is that it is often much cheaper than a contested divorce. In fact, the average cost of a contested divorce in the US is $1500, compared to $15,000 for a contested divorce. If your divorce is especially uncomplicated, it may cost even less than the average.

While you technically don't need an attorney for an uncontested divorce, you should still have an attorney file your divorce pleadings for you if possible. This can help prevent lost time and money caused by errors on your filing documents.

2. Saves Time: Once you know that you are definitely getting divorced, there is no point in dragging things out. The sooner the divorce is finalized, the sooner you will truly be able to move on. Uncontested divorces are more simple and do not involve a trial, and can therefore be completed much more quickly.

3. Can Be More Civil: Since you and your spouse will need to come to an agreement regarding the financial and child custody aspects of your uncontested divorce before you file, you may find it helps create a more amicable feeling.

You recognize that you no longer work as a married couple, but can still come together to create a divorce plan that is fair for everyone involved. This can be especially beneficial if you have children together, since you will need to learn to co-parent after the divorce. Some divorcing partners learn to become friends during the divorce process, adapting to the new role they now play in each other's lives.


You Must Communicate with Your Spouse: In the emotionally-charged time of a marital separation, communicating with your spouse may be the last thing you want to do. If you are not on good terms, or find talking to your ex-partner too challenging emotionally, an uncontested divorce might not be your best option.

The whole point of an uncontested divorce is that you are on the same page about how property will be divided and other divorce matters. In order to come to this agreement, you will need to spend at least a bit of time communicating with each other. This might not work out if you are unable to communicate with each other in a civil and level-headed manner.

Ruling May Not Be Fair to Both Parties: In a contested divorce, your attorney will work hard to represent your best interests and protect your legal rights. They will fight to make sure you get the financial arrangement, property division, spousal support, and child custody arrangement that is most beneficial.

If your divorce situation is especially complex, and you are worried the arrangement you and your spouse come up with on your own might be unfair to one or both of you, an uncontested divorce may not be your best option. An attorney will be able to decipher complex financial information accurately and quickly.

Only you and your spouse know if an uncontested divorce is right for your situation. It's always a good idea to make an initial consultation appointment with a family law or divorce attorney through resources like http://www.glfamilylaw.com to go over all of your options.