What Is An "Agreed" or "Uncontested" Divorce? 4

It Doesn’t Have to Be a Battle

While some divorces result in lengthy and sometimes ugly court battles, many divorces are actually quite civil and even mutually sought. These are often referred to as “agreed” or “uncontested” divorces, meaning that both sides have come to terms and just need a court to sign off, approving the agreement and granting the dissolution.

In addition, an uncontested divorce can also refer to cases where one of the spouses does not raise any objections. This can mean that the spouse agrees with the terms as mentioned above but it can also include cases where the spouse simply does not respond to the subpoena either because they can no longer be found (see “Missing Spouse Divorce” for more) or just because they have no interest in fighting the divorce. In the last example, the uncontested divorce would likely result in a default judgment for the petitioner.

Many uncontested and agreed divorces are relatively simple and don’t involve complex property settlements. For this reason, they can often be filed without hiring an attorney by using one of the many do-it-yourself divorce forms.

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Discussion

  • Uncontested divorces are a good move for the monetarily concerned couple, but it’s still wise to have a lawyer to look over the final documents.

  • clay e temple

    i need form to show what i agree to provide things what she agrees then she can show her real lawyer in indiana husband live in south carolina

  • Paul W

    My wife and I are filing a joint petition next Monday for dissolution, requesting that all credit card debt (25,000) and equity in two properties (Less than 20,000 for both homes combined), my retirement plan, and my 401K (22,000) be left in my name, and my wife has no financial obligation or claim to assets. We have been married just 4 1/2 years.
    We are both in agreement, and I have paid her cash settlement of about $4000 and we each have a vehicle and have split ersonal property to our mutual satisfaction.
    She moved out four months ago and is living with a new boyfriend, and was asking for a divorce but said she couldn’t afford to file. I will pay $400 filing fee and we will submit forms together.
    In filing joint petition, there is no description of depression, alcoholism, or infidelity, simply the statement in the joint petition that the marriage has been irretrievably brolken… This seems to give us the ability to file together and each maintain personal integrity without blaming, etc.

    Since I am holding down all the debts, as well as mortgage payments (Second home is in our name but is a repo we bought so my daughter and grandson will have a home andwas not purchased for financial gain but both my wife and I are on the title), My wife will agree to cutting all ties, we won’t ask each other for any maintenance now or in the future, will not request distribution of 401K or retiirement plan, just wants to leave and start a new life with a new guy.

    OK. Question. If we agree on everything, Crow Wing County court clerk says it is not necessary to attach any financial documents such as pay stubs, Tax returns, bank and credit card statements, etc…

    Is this common? Since we are both appearing in person with picture ID, everything is written in petition in detail, is it enough that we have sworn the contents of petition are true and correct that we do not have to attach financial documents to prove what we are reporting??

    Thank you, fast approaching filing day, Paul W

  • Carmen

    I would like to do an uncontested divorce, but I also want to file bigamy charges on my husband as well. How do I go about doing this?