Uncontested Divorce With Children | Is This Possible?



Parting ways with someone you’ve been with for a long time is always hard and it becomes even harder if there are children involved. In order to make things easy, if both parties agree to divorce they can file a request for an uncontested divorce. It is not only possible but also recommended in most cases. In an uncontested divorce, if both parties agree on the terms, everything goes smoothly.

This type of divorce is beneficial for both the parents and the children. If the child is not witness of parent’s disagreements he can keep a good, natural relationship with both of them. It is also good for the spouses to end the relationships with conflicts over material assets and custody.

Issues that the couple must agree on for uncontested divorce with children

Usually, if there’s a divorce, there’s a conflict in the family. However, for an uncontested divorce both parties must agree on certain issues:

–          Custody of the child/children – both partners must agree who the children will be staying with

–          Visitation hours by the other parent to child/children – there should be a clear schedule and both parties must keep their promise

–          Child support amount – this must be calculated usually with the help of an attorney

–          Duration and amount of alimony – if there’s an alimony agreement, an attorney can help set up the amount and duration of it

–          Division of property and debt – depending on the properties of the couple, this can be divided with the help of an attorney

If both partners have decided to apply for an uncontested divorce and managed to share their goods and responsibilities then a judge will sign the divorce without further question. But if there’s any suspicion that one of the parties was pressured into signing the papers this might not happen.

A third party can solve the small disagreements regarding the sharing of the goods. For example, there are mediators that can help the couple solve the misunderstanding or lawyers that do that. The third party will try to solve any demands the spouses have and reach a resolution. If there’s a big conflict regarding the issues mentioned above, then an uncontested divorce can’t take place.

Filing for uncontested divorce with children

Mutual agreement divorces are the easiest and fastest to complete. The procedure is simple and it starts with one of the spouses filing for divorce. If both partners agree on child custody, how the goods and debts are divided, if there’s going to be alimony and child support, the couple can show up at the court with a settlement agreement and once the court agrees, the divorce is approved.

If one spouse fails to respond to the initial petition and can’t be located to receive the documentation, an uncontested divorce can take place. In this case, consulting an attorney to discuss the financial and material aspects of the divorce is recommended for the spouse filing for it. Depending on the reason for which the person did not receive the documentation and the settlement agreement, the court might agree or not approve the uncontested divorce with children. 

Benefits of uncontested divorce with children

This type of divorce is the easiest for both parents and children. If the partners agree on the division of assets and on custody and support, the children won’t be exposed to the potential conflict between the parents and will deal with the divorce easily. In contested divorces, a child might have to take the stand and testify against one of his parents. In an uncontested divorce, everything is set up without any conflicts. It is better for the children to be protected and left out of the problems of the couple.

Another benefit of filing for this kind of divorce is that it is less expensive than a contested one. There’s a lot of extra expenses that are avoided by ending the marriage amicably such as court and lawyer fees, transportation, time off work, babysitting and many others. While a divorce that gets to court can cost thousands of dollars and a lot of time, an uncontested one can cost up to a few hundred dollars. This money can later be used in the benefit of the children. Spending money,  investing in children’s health or education instead of divorce is a good example of parenting.

If a couple chose to part ways in this manner, it means that there’s a chance they can further communicate in a civilized, productive way. This will have a positive impact on the child’s development and on his relationships with both of his parents. A contested divorce usually ends in a conflictual manner that leaves a very negative impact on the child. Children that witness conflicts in the family are more likely to develop behavior problems late in life. Testifying against their own parents is also traumatizing, especially for young children.

Is it possible to have an uncontested divorce if the couple has minor children?

If the couple agrees on the custody, child support, and visit arrangements, an uncontested divorce can take place. However, most of the times couples tend to have small disagreements in some of the requests. Instead of going directly to file for contested divorce, the couple can look for help. For example, the spouses can solve their communication issues with a mediator.

Another way to negotiate their disagreements is through attorneys.

Not only that an uncontested divorce is easier and more affordable but going through a long, exhausting and expensive contested divorce can really leave its’ toll on the fragile mind of a child. It is good for divorce procedures to last as little as possible. A long conflict between the parents can hurt the child on a long-term basis.

Children understand more than we believe and divorce can traumatize them so the discussions about custody and financial aspects should be done by the adults in a way that will not change the child’s perception on any of them. Helping the minor understand what is happening in a way he understands is important. Sometimes children go to therapy to deal with the divorce even if it was uncontested. The wellbeing of the child should always be a top priority for both parents, even if they have a conflict.

Are attorneys necessary?

Even though it is not required to hire an attorney for this type of divorce, asking for advice related to the paperwork and legal implications is advised. The paperwork required for this type of divorce is easy to handle and usually, people need little to no help from an attorney. However, it is highly advised that before going to court both parties should appoint a lawyer to look over the papers and to review the settlement agreements, especially the ones involving children and substantial assets.

Of course, hiring an attorney is up to the couple. If one of the parents is willing to give up custody and there’s a mutual agreement on visitation rights, the parties could do the paperwork themselves. Keep in mind however that this will be an official paper and very hard to contests in following disputes.

When isn’t uncontested divorce with children an option?

Even though it’s hard to admit, some couples can’t end the relationship on good terms. There are certain cases where the court should decide how the relationship will end because the differences between the spouses are too big. Major financial differences between spouses, without a prenuptial agreement, get set in court.

Also, a spouse who has been a victim of domestic abuse will be at a disadvantage in any negotiation with their partner and will likely need a lawyer. The children custody, in this case, has to be set by a judge that is aware of the abuse that happened in the family. If the spouses have been previously accused of grave felonies the uncontested divorce is not an option. The court has to analyze the case and decide if either of the parents are suitable to raise the child.


Choosing an uncontested divorce with children is a much better alternative than staying together for the sake of the kids. Most couples do not realize that parting ways in a civilized way is healthier for the children than living in a house where the spouses are always in disagreement. The procedure for this kind of divorce is simple and usually takes little time and effort.

If the couple has agreed on the way they are going to share the assets, debts and child custody all they have to do is to file for divorce and present the settlement documents to the court in the established day. It has many advantages such as cost-effective, less negative impact on the children and it’s time effective. Getting an uncontested divorce with children is possible as long as the parties agree on all the important matters. Sometimes, attorneys can help solve the minor issues related to assets.

Divorcing a spouse is never easy, especially if there are children involved, but if the decision has been made, then opting for uncontested divorce is the easiest way out of the marriage.

About Author

LaDonna Dennis

LaDonna Dennis is the founder and creator of Mom Blog Society. She wears many hats. She is a Homemaker*Blogger*Crafter*Reader*Pinner*Friend*Animal Lover* Former writer of Frost Illustrated and, Cancer...SURVIVOR! LaDonna is happily married to the love of her life, the mother of 3 grown children and "Grams" to 3 grandchildren. She adores animals and has four furbabies: Makia ( a German Shepherd, whose mission in life is to be her attached to her hip) and Hachie, (an OCD Alaskan Malamute, and Akia (An Alaskan Malamute) who is just sweet as can be. And Sassy, a four-month-old German Shepherd who has quickly stolen her heart and become the most precious fur baby of all times. Aside from the humans in her life, LaDonna's fur babies are her world.

Comments are closed.