What is an uncontested divorce? A divorce is uncontested when the parties have reached an agreement on all issues including the division of assets and debts, child support, child custody, and maintenance. Uncontested divorces are often substantially less expensive, completed in less time than a contested divorce, and involve less conflict between spouses. However, if there are complex property issues, child custody concerns, or one or both spouses are being unreasonable, an uncontested divorce may not be possible or in the parties’ best interest.

Do I need an attorney for an uncontested divorce? Many couples mistakingly believe that because there are no contested issues in the case, it will be easy to complete the case without an attorney.   While it is definitely possible to complete a divorce yourself, this is not always the best decision.  Even in uncontested divorce cases, there may still be many complex issues involved. There are specific forms which are required to be completed correctly in these matters.  If these forms are not completed correctly, it could result in a delay in the proceedings and could affect your rights in the future.  An attorney can help you to ensure that all issues are properly disposed of and that all necessary terms are included in the final Judgment  without any unnecessary delay.  The cost to hire an attorney now could end up saving you significant money and headache in the future. 

Can my spouse and I share an attorney if our divorce is uncontested? No, an attorney cannot ethically represent both parties as even if the divorce is uncontested, the parties have competing interests.  Often in uncontested divorce matters, only one spouse will hire an attorney to complete all documents and ensure that all issues are properly disposed of and all necessary terms are included in the final Judgment.  However, even though this attorney is completing all the documents and ensuring that everything is taken care of, this attorney is only representing one of the parties. 

How long will it take to get a divorce?  From the time of filing to the date of Judgment generally takes a couple of months (if uncontested) to a year to complete depending on the complexity of the matter, Court scheduling, and other factors. However, it is possible for a contested divorce to take more than one (1) year to be completed. 

Will I have to go to Court? If your matter is uncontested and both parties are represented by counsel, you may be able to submit your matter to the Court by Affidavit without the necessity of appearing before the Court. However, if one or both parties do not have an attorney a hearing may be required to finalize the matter. This varies depending on the county.

If you would like to avoid a nasty court battle and are interested in pursuing an uncontested divorce, contact Keefe Family Law, LLC at (816) 974-0689. 

The choice of lawyer is an important decision and should not be based solely upon advertisements.  Contacting an attorney through this webpage does not establish an attorney-client relationship