Divorce laws enumerate a preference for spouses to attempt to settle issues raised in marriage dissolution proceeding through negotiation. A divorcing couple should consider a trial as a last resort when resolving issues through negotiation proves impossible, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. In some cases, a couple fully agrees on divorce-related issues or no significant issues exist to resolve. In these instances, the divorcing couple enters into what is called an uncontested divorce agreement.
Function
The function of an uncontested divorce agreement is to put into writing the position of the parties regarding issues associated with their marriage dissolution proceeding, according to the American Bar Association Section of Family Law. Typically, a court clerk maintains a standard form uncontested divorce agreement for use by a couple able to fully resolve issues raised in their case.
Features
The features of an uncontested divorce agreement usually are fairly simply. The document sets forth how a couple is dividing marital property and debt. If children are involved, the agreement establishes the couple's position regarding custody, visitation and support. Once complete, the parties sign the uncontested divorce agreement in front of a notary public.
Effects
Once executed, the uncontested divorce agreement becomes a binding contract between the spouses, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Ultimately, the agreement becomes part of the actual order of the court. At the conclusion of the divorce proceedings, the judge incorporates the content of the agreement into the divorce decree. Because the agreement ends up with the force of a court order, the failure to comply with the terms of the agreement becomes a violation of a court order. A judge can impose significant sanctions, including a contempt finding or a monetary penalty.
Misconceptions
A common misconception is that a couple cannot obtain an uncontested divorce if they have children. The presence of children in a marriage does not impact a couple's ability to pursue an uncontested divorce. Uncontested merely means the couple is able to resolve issues, including those associated with children. The misconception arises out of confusing an uncontested divorce with a simplified divorce. Some states permit a simplified divorce, a more streamlined process for couples that do not have children and possess property valued below a certain dollar amount.
Benefits
The benefits of an uncontested divorce agreement include allowing the couple a better ability to control the manner through which issues are resolved. Rather than hand the case over to a judge for resolution, they hammer out an overall resolution of the case. Concluding divorce proceedings in a shorter time represents another benefit associated with entering into an uncontested divorce agreement.
References
- 'Lectric Law Library: Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
