Uncontested divorce simply means that your spouse won’t object to a divorce.  There are three different type of uncontested divorce:  

• The uncontested divorce can be on consent, which means that your spouse will actually agree to the divorce by signing documents.  
• The uncontested divorce can be on default, which means that your spouse is served by a process server and does not give a written objection to the divorce.  
• Lastly, the divorce can be by publication, which means that you don’t know the whereabouts of your spouse, have gotten permission from the court to publish a legal notice, published the legal notice, and you have not received a response.

If there are issues concerning children, financial issues or property, these issues will need to be resolved by the court in order to obtain a judgment of divorce.  Don’t be hasty to give up your rights to children and assets.  The time to deal with these issues is when you are seeking a divorce.

If you don’t exercise those rights during the divorce process you will likely waive those rights.  If your spouse won’t agree to give you what you are entitled to, a contested divorce may be appropriate.

In an uncontested divorce the first thing to do is to find an experienced attorney that you are comfortable with.  When you hire your attorney, that attorney will have you sign a retainer agreement.  The retainer agreement is a contract between you and your lawyer which states, among other things, how much that attorney charges.  Typically, an uncontested divorce by a lawyer cost between one and two thousand dollars.

Beware of paralegal services.  Paralegals are not allowed to provide you with legal advice.  Many are here today and gone tomorrow.  If your papers are rejected by the court it will be your responsibility to correct them, if possible.

Further, if your spouse objects to the divorce, the paralegal won’t be able to help you.  Often the fee charged by a lawyer is not much more than a paralegal.  Further, if that cheap paralegal doesn’t work out as planned, it may not be such a bargain.

We have helped over 10,000 clients obtain a divorce.  If you have further questions, call us for a free consultation.