Uncontested Divorce Pros and Cons

Uncontested Divorce Pros and Cons

Terminating a marriage is at no time an easy straightforward process. However, it may be easy in some cases when the couple is able to stay considerate and agree on by themselves how to divide their marital assets, manage custody and support issues, and deal with any additional issues. Commonly called an uncontested divorce, it could be hard for divorcing spouses to achieve in a lot of situations, but the merits can be great in the correct instances.

Uncontested Divorce Pros

An uncontested divorce permits spouses getting the divorce the advantage to end the marriage quietly and with poise. The most striking upside of an uncontested divorce is how much it cost. Uncontested divorces that stay uncontested are practically always the more cost-effective way of getting a divorce. The decreased cost is not, in contrast, the only upside. If the extent of conflict amid the couple stays negligible, an uncontested divorce gives an approach to make sure it stays that way. It’s more quiet, more mutual, and probably will possess more of the marital assets in the couple’s hands and out of the reach from the attorneys, process servers, accountants, and other individuals essential for total divorce proceedings.


  • It’s commonly more economical and takes less time to finish because you don’t have to go to court.
  • When the divorce is uncontested and less combative there is also a less likely hood that the judgment will be re-contested afterward.
  • Research shows that mediation can have greater effects psychologically for everyone involved in the relationship with, like the children.
  • You manage the agreement. Through fighting, a lot of couples forget that the divorce is theirs and that they control their futures. Asking for a judge to be in the decision-making can occasionally muddle things up.
  • Discretion — reduced specifics about your life and the marriage are documented through court records than if you were to go to court.

Uncontested Divorce Cons

Uncontested divorces aren’t wise when one spouse is striking the other. When there is a history of domestic violence and/ or emotional abuse, or other discrepancies of power in the marriage, it usually leads to one of the spouses getting a one-sided dominance over the other. That spouse most likely will need to hire an attorney to be a proponent for them in tough instances. It’s also not wise when the spouses can’t communicate with one another without it resulting in a fight. Assuming your spouse simply doesn’t want to have any conversations with you about divorce, or each conversation ends with you yelling at one another but you are insistent on progress with the divorce, you will most likely need to progress with a contested divorce and most likely should hire a lawyer. Furthermore, if each or just one of you have consigned in retaining particular pieces of property or taking a larger percentage of the marital assets, this can cause unyielding disagreements that may not be settled easily utilizing uncontested divorce procedures. Last but not least, uncontested divorces are also unwise if both of you are uncomfortable with the law or don’t believe you can work out the process on your own. Uncontested divorces are relatively clear-cut, but still requires each of you to read and comprehend a lot of different documentation that will potentially include fairly thorough financial disclosures by each of you. If this idea is intimidating to you, it could be a wise to consult with an attorney to help you with the paperwork.


  • If there’s a narrative of domestic and/ or psychological abuse or a likewise power balance, contested divorce is preferable. A spouse that is abusive spouse shouldn’t get the shot to sway negotiations to their advantage.
  • If the parties can’t come to an agreement on all matters to complete the marriage (division of assets, child(ren) custody, debt allotment, spousal support etc.) then this may be a drawn out and unaccommodating process.
  • If in the end ineffective, an uncontested divorce doesn’t eliminate your right to a contested court procedure. You can head to court regardless and mediation could seem like a huge waste of time and money.
  • Individuals that are unexperienced with the legal system or who aren’t comfortable in going through the documentation by themselves could be more confident going to court. Uncontested divorces needs additional work by each spouse.

How Uncontested Divorce Works

The primary thing to know about uncontested divorces is that you can accomplish it on your own or with a lawyer’s assistance. If you retain a lawyer, the lawyer that you hire to execute your uncontested divorce can’t represent both of you. Because both spouses have their own individual interests, the ethical principles for lawyers necessitates that a they may only represent one spouse, not both of them. They are required to represent one spouse, but not the other. The lawyer is required to know at the start which of spouse is their client and which spouse is not. Usually, every jurisdiction requires you to prepare similar documents to start divorce proceedings: the divorce petition, paperwork proving each spouse is aware of and is a participant in the divorce, financial evidence disclosing all the things each spouse has, the settlement agreement, and a proposed judgment. A lot of jurisdictions could also make it necessary for you to attend couples therapy prior to the divorce being authorized. Sometimes, the needed documents can be found online or can be obtained at the office of the county clerk. After you create the documents, and each of you are happy with them, you then sign and file them. In some jurisdictions that’s it all you need to do; your case will be replied to on the basis of your documentation and you’ll get your divorce judgment through the USPS. Other jurisdictions, however, you have to go to a hearing with your spouse to declare that everything in the documents is true and correct and that you were not coerced into signing it.

How Much Uncontested Divorce Cost

The cost for uncontested divorces deviates greatly state by state. At the lowest, you will have filing fees that are different by state, and on occasion sometimes courthouses. Furthermore, you could have attorney fees if you require assistance with your paperwork. However, ultimately, you’ll most likely have fees less than $2,000, with an attorney, and probably a lot less (one or two hundred dollars) if you take care of everything on your own.  


  1. Uncontested Divorce.Findlaw, 12 Nov. 2019, family.findlaw.com/divorce/uncontested-divorce.html.

Uncontested Divorce Attorney in Scottsdale & Phoenix, Arizona

Moshier Law is your first choice for when you need the best uncontested divorce lawyer in Scottsdale and Phoenix, Arizona. Moshier Law should be your choice when you need the best divorce lawyer in Scottsdale. An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation. Common queries used to find our Uncontested Divorce Attorneys including Uncontested Divorce lawyers, Uncontested Divorce attorneys, uncontested divorce lawyers near me, uncontested divorce attorneys near me, uncontested divorce lawyer for men, aggressive divorce attorneys, and best uncontested divorce attorneys in Scottsdale.

Divorce and Family Law

When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, you’ll know every option.

Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind. Call us today! 480-999-0800 Schedule A Consultation
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Jennifer Moshier, Scottsdale Divorce Lawyer


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Divorce and Family Law

When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, we can meaningfully describe why collaborative law or mediation may or may not be your best option.

Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.

Jennifer Moshier, Scottsdale Divorce Lawyer

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