Almost all divorces are uncontested, which means the parties were able to work out the issues of the divorce without the assistance of the court. Even though the parties have agreed in advance, a divorce is a legal action that involves the filing of a civil case. The spouse who filed the divorce complaint, or that person’s lawyer, may be required to appear in court. This appearance usually involves a judge reviewing the agreement between you and your spouse and asking a few questions to confirm the information you have supplied. The other situation that warrants an uncontested divorce is one in which one spouse fails to file a response to the complaint or to appear in court.
Although the inclusion of fault grounds in a divorce complaint can lead to a bitterly contested divorce, filing for a no-fault divorce does not mean the divorce will be uncontested. Even in a no-fault divorce, you and your spouse may be unable to agree on the divorce issues, which would result in a judge resolving them for you. Likewise, a divorce that includes fault grounds could conceivably be resolved without a judge.
