Maybe.
A divorce is a lawsuit. Lawsuits are, by nature, adversarial. If the two spouses agree on EVERYTHING in the divorce, then you can get an uncontested divorce.
What is “everything”? Here’s a non-exhaustive list:
- Division of the marital property
- Division of debts
- Custody rights in the children
- Visitation schedule for the children
- Child support
- Medical and dental support
- Indemnity provisions for debt
- Payment of attorney’s fees and costs
- The language in the divorce decree that legally memorializes the agreement between the spouses.
Of course, it takes both spouses to agree and decide not to fight each other. If only one spouse wants an uncontested divorce, then it’s game over. The divorce becomes contested. Maybe you’ll go to trial on all of the issues. Or, maybe you’ll reach an agreement on 9 out of 10 issues and only go to trial on one of them.
The bottom line is that divorce cases are, in some ways, unpredictable. It’s pretty rare to see a case where both spouses are in agreement. At least one spouse is usually emotionally distressed by the whole idea of getting divorced. This can make it difficult to reach an agreement.
Hopefully your case goes smoothly. But if it’s not agreed, prepare for the worst and hope for the best.
