Advantages and Disadvantages of Uncontested Divorce

Litigation can be taxing, both emotionally and financially. Litigation
can mean you have to appear in court, missing work and having to make
alternative arrangements for child care. In short, litigation can be really
inconvenient, in the kindest of terms. For divorces, spouses can elect
to have an uncontested divorce instead of having to go to court to have
a judge make the ultimate decision on how the parties’ divorce should
play out. There are pros and cons to an uncontested divorce that spouses
should consider before deciding whether this option is right for their case.

An uncontested divorce often has the major advantage of being ultimately
less costly than a contested divorce. With an uncontested divorce, the
parties do not have to pay an attorney to prepare for and litigate a final
divorce hearing, or any of the myriad other motions that may have to be
filed in a contested divorce. Although it is still highly advisable to
have an attorney to help you through an uncontested divorce, this will
almost certainly be much more budget friendly than having a contested
divorce go all the way through trial. Another advantage is speed. A contested
divorce can last months or sometimes even years, while the parties have
to conduct discovery, schedule court dates, and attend mediation. With
an uncontested divorce, the parties will have to abide by certain time
limitations, but other than that, the divorce can be accomplished relatively
quickly. In most situations, another big advantage is also preventing
the relationship between the spouses from degrading even further by virtue
of having to go to court and make allegations of wrong doing against the
other spouse. With an uncontested divorce, there is no need to testify
about the couple’s “dirty laundry.”

A disadvantage of an uncontested divorce is that it is not suitable for
every case. In cases where there has been domestic violence or there is
a large imbalance of power, it may be better for the parties to allow
an impartial judge to make decisions about the parties’ property
and children. Another potential disadvantage is that the parties must
come to an agreement on absolutely everything. Without an agreement on
every issue, the parties cannot obtain an uncontested divorce.

Uncontested divorces can be a good option for many couples. We have experience
in helping clients with all types of divorces, ranging from uncontested
to highly complex litigation. Call us today at (732) 529-6937 to talk
about your case.

About the Author


John Nachlinger is a co-founder and managing attorney of Netsquire, a family law firm focused on streamlining divorces through effective mediation, settlement drafting, and court filing assistance. As a New Jersey Supreme Court Certified Matrimonial Law Attorney and Qualified Mediator, John guides couples toward equitable agreements without the cost and stress of litigation.

Recognized as a New Jersey Super Lawyer for over a decade, John’s client-focused approach aims to foster understanding during challenging transitions. With a background spanning top law journals, judicial clerkships, and boutique family law firms, John now applies his analytical skills to create workable solutions for all parties. His mediation services reshape the divorce journey by prioritizing compassion and compromise.

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