The general idea of an uncontested divorce is that the parties are able to reach an agreement on most (if not all) of the issues involved. These may include the following:
- How the parents will share and divide parenting time and responsibilities, whether through joint or sole custody/visitation
- The amount and duration of any payments for child or spousal support/alimony
- How the couple will divide property and responsibilities for paying off debts
If the couple is able to agree on these matters, they are likely to be able to file divorce paperwork without having to engage in litigation or mediation. It’s possible the divorce may even be finalized without a court appearance, if each party has an attorney.
Of course, not every divorce is the same. Uncontested divorces must have the cooperation of both parties and an open line of communication as the issues are discussed.
An uncontested divorce might not be feasible if at least one of the parties lacks the ability to become self-supporting, there are minor children, there are business interests present, there is a large and valuable estate, there are multiple real estate properties or there are any matters of serious contention.
Even in cases in which there are minor children involved, however, an uncontested divorce is possible if the two parties are able to work out a fair custody and timesharing plan and are able to communicate their parental expectations with each other effectively.
No matter what, it’s highly advised that you secure legal counsel to guide you through the divorce process. For further advice as you work to dissolve your marriage, consult an experienced Minnesota divorce attorney with Appelhof, Pfeifer & Hart.
