Divorce is almost always a stressful life event, but the process can be much faster and gentler if the parties are able to reach an agreement. In an uncontested divorce the spouses do not litigate against each other; they jointly request the dissolution of the marriage and agree on the key issues in advance.
When is a divorce considered uncontested?
A divorce is uncontested when both parties want the marriage dissolved and declare this consistently before the court. In such cases the court does not examine in detail what led to the breakdown of the marriage, provided that the parties have agreed on the necessary matters.
What do you need to agree on?
If the couple has a minor child together, they typically need to reach an agreement on the following:
- the exercise of parental custody and the child’s place of residence,
- the contact arrangements between the child and the separated parent,
- the amount and method of payment of child support,
- the use of the shared home after the divorce.
Dividing marital property is not a precondition of divorce, but it is worth settling at this stage to avoid separate proceedings later.
The steps of the procedure
- Initial consultation: we review your situation, including questions about children and assets.
- Preparing the settlement: we put the parties’ agreement in writing so that the court can approve it.
- Filing the petition: together with the required attachments (marriage certificate, children’s birth certificates).
- Hearing: the court hears the parties, approves the settlement and dissolves the marriage.
Why involve a lawyer?
A well-drafted settlement shapes family life for years to come. A lawyer helps make sure the agreement is clear, enforceable and acceptable to both parties, helping to avoid future disputes and lengthy court proceedings.
This article provides general information and does not constitute legal advice. For your specific case, please book a personal consultation.