Uncontested Divorces and Marital Settlement Agreements

by Jessie Paparo

An uncontested divorce is one in which both parties agree to the divorce and the terms of the settlement, without going to trial. This does not mean that there are no arguments or disputes between the spouses - it simply means that the spouses were able to reach an agreement without going to court and having the judge rule one way or the other. Uncontested divorces move much faster through the court system and are therefore less expensive. In addition, by bypassing the lengthy litigation and trial process, an uncontested divorce typically leads to reduced hostility and resentment among the ex-spouses, and both are able to resume their lives more quickly.

At the heart of every divorce are three issues:

1. How to divide the community property,
2. Who will have custody of the children, and
3. How much child and spousal support should be paid.

While no divorce is truly "uncontested" in the sense that there are no disagreements, these disagreements do not always have to be resolved in court. That's what we mean by an uncontested divorce - one where the spouses can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move much faster through the court system and are therefore less expensive.

We recommend that every couple seeking a divorce first use all means possible to work out mutual terms for the separation, without going to court. If the spouses cannot work things out on their own, we recommend arbitration and mediation, with or without attorney representation. Not only will this save time and money, but by bypassing the lengthy litigation and trial process, an uncontested divorce typically leads to reduced hostility and resentment among the ex-spouses, and both are able to resume their lives more quickly.

Contested divorces, on the other hand, often involve complex issues, high financial stakes and technical legal procedures in court. While an uncontested divorce can often be performed without an attorney, we believe that it is best to retain experienced counsel in a contested divorce due to the litigation involved. Furthermore, if one spouse is represented by an attorney or if there are difficult or major financial issues involved in the divorce, we recommend seeking an attorney.

What is a Marital Settlement?

A marital settlement agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover property division, child custody and child plans, debt division, spousal support, and any other relevant issues related to the divorce.

Although not required, filing a martial settlement agreement has many advantages. First, because it lays out all of the agreements in writing, there are no ambiguities. Second, the spouses will probably never have to go to court because the judge will most likely honor the written agreement if written correctly and if it covers all material aspects of the divorce. Third, it shows the court that the issues were thought out, and the case will move more quickly though the system.

Marital settlement agreements can be entered into at any time before the final judgment. They are typically filed with the final judgment. If a spouse is receiving welfare, the District Attorney's office may need to review and sign the marital settlement before it is filed with the court.

About the Author
During a divorce proceeding, the court will determine the custody provisions based on what is in the best interest of the minor children. The court can take many issues into account in their determination of custody. Custody will be determined on all children under the age of 18 which were either born or adopted by the both parents subject to the divorce proceeding. If the wife is pregnant at the time the divorce is filed, this should be stated in the divorce documents.
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