How does an uncontested divorce work?

Uncontested divorces are becoming more popular today. Collaborative law and mediation may be effective for couples wishing to avoid conflict.

It is rare for a couple in Kansas or elsewhere to begin the divorce process without some kind of contention. After all, if there was no conflict in the marriage, there would be no reason for a divorce. However, a divorce does not necessarily have to be the lengthy court battle that many people think is standard for the end of a marriage. In fact, uncontested - also known as amicable - divorces are becoming increasingly popular as people are beginning to see the advantages over a traditional litigated divorce.

Benefits of uncontested divorce

Amicable divorce has numerous benefits, the foremost being a significant reduction of conflict. This can be especially positive when children are involved; divorce is hard on them, and seeing their parents resolve their disagreements peacefully during the divorce process may make this heartbreaking experience easier for children to bear and to recover from. Additionally, an uncontested divorce can be more private than litigation, as well as cost-effective and less time-consuming. The following types of divorce, collaborative and mediation, are the two most popular uncontested options.

Collaborative law

During a collaborative divorce, states U.S. News, each spouse has his and her own attorney. This type of divorce can be especially effective for couples who have complex child custody disputes or significant marital property to divide, but do not wish to litigate. Additional experts may be consulted during a collaborative divorce, including the following:

  • Child therapists
  • Tax advisors
  • Financial planners

It should be noted that all parties involved in a collaborative divorce agree to sign a non-litigation contract. If no agreement can be reached, the divorcing couple will need to start over with new attorneys.


According to the American Bar Association, mediation is a process that involves both spouses meeting with a neutral third party to resolve their disputes. This neutral party can be a certified mediator or an attorney with experience in mediation. Mediating a divorce has the potential to give both spouses valuable tools in negotiation and communication, which may be beneficial if they are planning to share parenting responsibilities. Additionally, mediation often costs a fraction of the amount a litigated divorce costs, and it may allow disputes to be settled in as little as one or two sessions - although most mediated divorces take about half a dozen sessions before they are complete.

It is important to note that each divorce is unique, and what may be ideal for one couple may not be best for another. Therefore, the wisest course of action may be to contact an experienced Kansas family law attorney to discuss which type of divorce may be best for your situation.