A popular perception of divorce is that it is often an acrimonious and contentious process, but it is possible for Ohio couples who are calling off their marriage to undergo a divorce without litigating it in court. Such divorces are commonly known as uncontested divorces, and they can present a number of benefits to the parties involved.
The Findlaw website describes spouses in uncontested divorces as agreeing on major issues such as child custody arrangements, dividing property and spousal support payments, issues that would otherwise be litigated in court. Uncontested divorce still functions like contested divorce in that the process begins with one party filing for divorce. A court may grant uncontested divorce if the other spouse either agrees to it or does not make an appearance. However, the other party can block an uncontested divorce by filing the necessary papers in court.
One of the major appeals of uncontested divorce is that it proceeds much more quickly than a litigated divorce. The paperwork is more streamlined and involves fewer complications. Agreeing to an uncontested divorce can also limit opportunities for divorcing parties to engage in conflict by limiting the proceedings and the information that is passed between the two spouses. And with fewer documents filed, an uncontested divorce process also limits personal information that becomes part of the public record.
Additionally, according to Forbes, an uncontested divorce can serve as one of a number of options that can save a divorcing couple money in contrast to a litigated divorce, which can rack up legal costs ranging from $5,000 to as much as $50,000. And while the services of attorneys can be used for uncontested divorces, they are generally only required for the purpose of filing paperwork, without the need for lengthy court battles and constant motion filings.