An uncontested divorce is a divorce in which both parties have agreed on all issues relating to the divorce and have put an agreement in writing for the Judge to approve. All that is required to make an uncontested divorce a contested divorce is disagreement on ONE issue. If you have agreed on all issues before the divorce action is filed, then one of the parties should file a petition for divorce, immediately serve the other party and have a consent decree and parenting plan drafted and signed as soon as possible. Keep in mind, though, that when using an attorney to draft the documents, most experienced attorneys will have the parties sign confidentiality waivers and conflict of interest waivers in the common event that the parties begin to contest something. The attorney will usually insist on representing ONE of the parties but the waivers allow the attorney to freely discuss the case with both.
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