Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Uncontested divorce

What Does “Uncontested Divorce” Mean?

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You and your spouse have agreed to file for a divorce. You both agree that you do not want to have a war in the court – that you want to end the marriage in peace. You both may have heard the term “uncontested divorce” but are unsure what that means, or if it is right for you.

So, what is an “uncontested divorce”? 

An uncontested divorce is one in which the parties have resolved all of the issues, and there is no need for court intervention. This means that you and your spouse have agreed to all terms that will be contained in your Judgment of Divorce.  

What terms do we need to agree to? 

Uncontested divorce

Parties must agree on how to divide all of the assets, debts, and retirement accounts. They must agree as to who will retain the house, and how much the other spouse will receive for their share of the equity.  If the parties agree that the house is to be sold, they must agree on a realtor, sale date, list price, and how the proceeds from the sale of the home will be divided. Parties must also agree as to division of their personal property, to include all motorized vehicles, boats, campers, and pets. Parties must also have an agreement as to spousal support – will it be paid, amount, and duration. If there are children of the marriage, the parties must agree on custody, parenting time, holiday parenting time, child support, where the children will attend school, and any other issues specific to their children.  

Is an uncontested divorce a bad idea for some people? 

An “uncontested divorce” would not be an appropriate process for parties who believe their spouse is hiding assets or income, for parties who are unwilling to voluntarily disclose assets or income, or for parties who cannot agree on how to resolve all of the issues in their case. An uncontested divorce would be a poor choice for these cases.

Contact an Experienced Divorce Attorney in Grand Rapids, MI

An uncontested divorce can save you and your spouse a significant amount of time, money, and stress.  If you would like to learn more about the uncontested divorce process, and whether an uncontested divorce is right for you, contact Schmitt Law, PLLC.  I will meet with you to discuss how you can complete your divorce without the “war”. Please contact Laurie at Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

Contested vs. Uncontested Divorce

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One question I receive often is what is the difference between a contested and uncontested divorce.  The following chart diagrams the difference between the two types of divorces:

CONTESTED DIVORCEUNCONTESTED DIVORCE
A summons and complaint for divorce is filed with the court. A summons and complaint for divorce is filed with the court.
The opposing party is served with the summons and complaint for divorceThe opposing party is served with the summons and complaint for divorce.
The opposing party may file an answer to the complaint for divorce.The opposing party may file an answer to the complaint for divorce.
The affidavit of service is filed with the court showing that the opposing party was served with the complaint for divorce.The affidavit of service is filed with the court showing that the opposing party was served with the complaint for divorce.
The court sets a scheduling conference – This hearing is where the court sets dates for mediation and discovery.The court sets a scheduling conference – This hearing is where the court sets dates for mediation and discovery.
Discovery is exchanged – discovery is a process in which each party asks the other for documents.  These documents include, but are not limited to: deeds, titles, registrations, appraisals, life insurance policies, retirement account information, credit card and other indebtedness, paystubs, tax returns, business documents (if one party owns a business), and any other documents specific to the parties.   The parties work together to craft the terms of their judgment of divorce.  These will include provisions for custody, parenting time, division of real and personal property division of assets and debts, and any other provisions specifically related to the parties’ divorce.
Mediation is held – mediation is a process wherein the parties meet with a third-party neutral trained in domestic relations mediation. The mediator assists the parties in reaching an agreement.  If the parties are unable to reach an agreement, the case moves forward in the court. Once the parties reach an agreement, and after the statutory time has lapsed, a final hearing is set and held and the parties are now divorced.
The court sets a settlement conference –A settlement conference is a hearing where the court meets with the attorneys and parties to address the outstanding issues and see if settlement can be reached. 
If the parties are unable to reach an agreement at the settlement conference, the case is set for trial. 
Trial is held wherein both parties present testimony to the judge.  The judge reviews the testimony and makes the final decision on the outstanding matters. 
A judgment of divorce is drafted to comport with the judge’s ruling, the judge reviews and signs the judgment of divorce and the parties are now divorced. 
Learn about divorce options

As you can see, a contested divorce is a much lengthier process, and more costly and time consuming.  A contested divorce puts all of the control of the outcome of the parties’ divorce into the hands of the judge.  An uncontested divorce allows the parties to maintain total control of the outcome.  When parties are able to reach an agreement through an uncontested process, they are more satisfied with the results, and rarely need to return to court for post-divorce matters.

For more information about how an uncontested divorce can work for you, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.