An Uncontested Divorce is one in which you and your spouse have resolved all issues in your marriage, for example, a division of your property, child support and custody or a parenting plan, division of retirement plans, etc. If you have worked out the various issues, it is important to have a written Agreement drafted that indicates how everything will be settled. All potential issues, such as property ownership, debt division, tax issues, child support, and custody, etc. are then resolved prior to filing for divorce.
If you do not have a written Agreement, you may not be able to proceed with a simple uncontested divorce. In order to file for an Uncontested Divorce and attend a simple hearing, you must be able to show that all property and other rights are settled.
This will help you avoid a lengthy court process in which you will have to ask a Judge to decide your personal family issues for you.
An amicable solution is always best if at all possible. This way you maintain control over how you will live your life moving forward separately from your spouse.
It is important to have a Separation or Marital Settlement Agreement that is drafted for your specific circumstances. An attorney can discuss the issues with you and give you advice so you understand the various ways a specific issue can be settled. If you sign such an agreement without speaking with an attorney you may give up rights you do not know that you have. If you do this, you may be permanently waiving rights to something important.
If you do not have an Agreement or some of the issues are not yet resolved, you cannot file for an Uncontested Divorce. Then, your divorce would be considered a contested case which takes much longer and is more expensive from the perspective of paying legal fees for assistance.