Legal Definitions - uncontested divorce

An uncontested divorce occurs when a married couple agrees on all the terms of their separation and divorce, or when one spouse does not respond to the divorce filing. This means they do not need a judge to decide issues like property division, child custody, or spousal support, making the process generally quicker and less expensive than a contested divorce.

Here are a few examples to illustrate an uncontested divorce:

• Example 1: Mutual Agreement on All Terms

  Sarah and Mark decide to end their marriage amicably. They have no children and have already agreed on how to divide their shared savings, their single car, and the few pieces of furniture they own. They draft a written agreement outlining these terms and both sign it, then file it with the court along with their divorce petition.

  How this illustrates the term: This is an uncontested divorce because Sarah and Mark have reached a full agreement on all aspects of their separation without needing court intervention to resolve disputes. The court simply reviews their agreement and grants the divorce.

• Example 2: Divorce by Default

  David files for divorce from his wife, Emily, who moved out of state several months ago and has not been in contact. David properly serves Emily with the divorce papers, but she never responds to the court summons within the legally required timeframe. As a result, the court proceeds with the divorce based on David's requests.

  How this illustrates the term: This becomes an uncontested divorce by default. Because Emily did not respond or challenge David's petition, the court considers the divorce "uncontested" and can grant the judgment without a trial or further negotiation.

• Example 3: Pre-existing Agreement Simplifying the Process

  Maria and Carlos decide to divorce after five years of marriage. Before they married, they signed a pre-nuptial agreement that clearly stipulated how their assets would be divided and that neither would seek spousal support in the event of a divorce. When they separate, they simply follow the terms of their pre-nuptial agreement, and there are no new disputes to resolve.

  How this illustrates the term: The pre-nuptial agreement effectively pre-resolved potential areas of conflict, making the divorce uncontested. Since all major issues were already decided by a valid legal contract, there is no need for the court to mediate or decide on these matters.