This process is technically conducted under the litigation model, but is similar to Collaborative Practice in that it seeks to achieve resolution outside the courtroom. In an uncontested divorce, one party works with a lawyer to craft a settlement agreement that incorporates all the terms necessary to address the issues of the divorce. Once the agreement is drafted, then the other party has it reviewed by another attorney to assure that it is acceptable. Then the petitioning party submits all the required records and documentation to a judge in Superior Court to obtain a final decree.
The uncontested divorce process is less comprehensive than Collaborative, but many people find it completely satisfactory in meeting their needs. If you and your spouse are capable of resolving the issues of property division, child custody, child support, and alimony between you, then you may be good candidates for an uncontested divorce. If you don’t want or need the assistance of professional mental health or financial counselors, or if you don’t have children and you and your spouse can work well enough together to resolve all financial issues between you, then this can be a very useful and cost-effective approach.
Additional professional resources can always be used to assist clients in an uncontested divorce, including mediators, counselors, and financial analysts. But the important distinction from the Collaborative model is that the uncontested process operates in the litigation model, rather than in one in which the parties have contractually agreed not to go to court. If the parties cannot ultimately agree on a resolution of their issues, then their only recourse is litigation.