An amicable divorce is one in which the parties are willing and able to negotiate regarding the major issues in their divorce. The parties in an amicable divorce do not begin with an agreement on every term of their divorce. An uncontested divorce is a divorce in which the parties agree on all terms, thereby avoiding a trial or even any substantive negotiations. Amicable and uncontested divorces are not the byproduct of a specific legal process.
Uncontested divorces tend to be less stressful and move along quickly. While amicable divorces require some negotiation that uncontested divorces do not, both amicable and uncontested divorces typically proceed at a quicker rate than litigated divorces.
Amicable and uncontested divorces tend to be less financially and emotionally costly. With fewer disputed issues, fewer court filings, and ultimately fewer trips to court, amicable and uncontested divorces typically result in lower attorneys’ fees. This, combined with a lack of spousal fighting, tends to reduce the emotional toll of divorce. Uncontested divorces are also especially appealing to couples who hope to shield their children from the tensions and conflict of a litigated divorce.