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Uncontested Divorce Has Advantages and Disadvantages

Although there is never anything “simple” about divorce, an uncontested divorce can simplify some of its processes — at least to some extent. Of course, uncontested divorce is also not right for every couple and situation.

With this in mind, below are some of the advantages and disadvantages associated with uncontested divorce to help you determine if it is right for your circumstances.


The biggest advantage of uncontested divorce is that it will save you a whole lot of money over other forms of divorce, especially those involving litigation. You’ll significantly cut down on the legal fees associated with your case.

Uncontested divorce is ideal for couples that can remain cordial and communicate directly and openly with each other. It offers greater privacy and allows you to cooperate and negotiate the terms of your divorce on your own. Ultimately, an uncontested divorce will likely lead to both of you coming away with more assets than you would otherwise as both parties will incur less counsel fees. Additionally, an agreement reached by the parties provides the parties with great flexibility to negotiate their own terms.


If there has been any abuse or if there is any sort of mismatched power dynamic in the relationship, uncontested divorce simply may not a good idea. It will most likely lead to one spouse having an unfair advantage over the other as one party may give up too much due to fear of the other party.

In addition, if you and your spouse cannot get along at all, uncontested divorce may not be helpful, as it requires cooperation and good communication. When the relationship has deteriorated past a certain point, you may have to have all your communication take place through attorneys.

Finally, if you cannot or unwilling to work within the confines of the law or be reasonable, uncontested divorce probably is not your best option.

To learn more about the pros and cons of uncontested divorce, work with a knowledgeable family law attorney at Jakubowski, Robertson, Goldsmith, Maffei & Tartaglia, LLP.