Divorce: Contested vs. Uncontested

Any jurisdiction allows for a straightforward divorce. Learn what you need to apply.

While divorce rules differ by jurisdiction, all states categorize divorces as contentious or uncontested. A contentious divorce includes attorneys, hours in court, and, in general, more acrimony. An straightforward divorce is usually simpler on the parties involved, but in order to qualify, you and your partner must agree on certain key issues. You must both handle your breakup with maturity and fairness.

To apply for a straightforward divorce, you and your partner must concur on the following points.

In monetary values

It is critical that you and your partner agree on who will receive your combined possessions. It should be noted that in many jurisdictions, the property you bring into the marriage is sometimes considered distinct and may not be divided during the divorce. Property acquired during your marriage (as well as presents received) must be split. This divide, however, does not have to be a 50-50 share. It must be equitable.

Custody of a Child

This is the most essential thing for you and your partner to concur on if you have children. Because uncomplicated divorces are generally more cordial than contentious ones, you should have figured out who will have sole possession of your child(ren) and how frequently the other partner will have access or custody rights.

Child Support Payments

The partner who is not the main caretaker for your child(ren) will most likely pay child support to your children.

Support for the Spouse

Depending on your circumstances, spousal assistance may or may not be suitable. For example, if you and your spouse both earn the same amount of money or if your partner has a sizable trust that they brought to the marriage, spousal support may be unnecessary in your straightforward divorce.

Other Considerations

To qualify for an uncomplicated divorce, you must first know your spouse’s location and maintain communication with them. Furthermore, in some jurisdictions, there is a distinction between blame and no-fault divorces. In general, no-fault divorces can be straightforward divorces.

Your state’s information

If you believe you and your partner are eligible for an uncomplicated divorce, please visit our uncontested divorce by state website. There, you can easily search for your state and learn about the requirements for filing for uncomplicated divorce.