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An "uncontested divorce" is a divorce where both husband
and wife agree on everything. That is, where the husband and wife agree not
only that they will get a divorce, but that they also agree on how their
property is to be divided between them (including their personal and
household items, their financial accounts, their real property (house and
land), their retirement accounts, and what is to happen with any other
assets or debts either of them have, who is to pay what debt, whether or
not there will be spousal support, how child custody, parenting time, and
child support will be arranged, the payment of attorneys' fees and costs.
If you and your spouse have not agreed on all these matters, then the divorce is not “uncontested.” A divorce
is not “uncontested”
merely because both the husband and wife want a divorce. Although every issue
might be easily resolved soon after filing the divorce – or before the final
hearing in the divorce – if any disputes exist about any issue, then the
divorce is not an "uncontested divorce."
This does not mean that a trial is necessary – or even inevitable.
It only means that there is more to do than simply preparing “agreed”
documents for both husband and wife’s signatures.
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