What is an Uncontested Divorce?


I’ve heard clients say things like, “My divorce is uncontested, except we can’t decide who gets the kids.” What that tells me is that perhaps part of the divorce is uncontested, but obviously child custody, visitation, and support are still in question.

       If you want an uncontested divorce, you and your spouse need to be able to come to an agreement on these five things:

  1. Division of Assets – Who gets the house, car, IRA etc.?
  2. Division of Debts – For example, who gets last year’s tax liability?
  3. Child Custody and Visitation – Who will the kids live with and how often will they see each parent?
  4. Child Support – How much with the noncustodial parent pay?
  5. Alimony – Does either spouse need/deserve spousal support? How much and for how long?

    Of course, if you didn’t have children with your spouse, then you don’t have to worry about numbers 3 and 4. Occasionally clients come to an attorney with a complete (or nearly complete) settlement in mind. I’ve seen that happen maybe twice. More often they need a little help in negotiating with their spouse on one or more issues.

    My opinion is that the more issues that clients can settle with their spouse outside of court, the better. Both parties tend to be happier with the results, which tends to make for a more amicable relationship post-divorce. Uncontested divorces are usually quicker too, and can be over as soon at 31 days after the initial filing. Lastly, uncontested divorces tend to be less expensive since they take less time; often attorneys will offer a reasonable flat fee for uncontested divorces.

    Herndon Legal Services would like to remind you that every case is unique and requires case-specific attention. You should speak with an attorney regarding the facts of your case for more information.

Caitlin E. Herndon, Attorney

Herndon Legal Services, LLC


*Flat fee does not include filing and sheriff service costs, which are paid directly to the court via a money order.

Photo credit: simonsterg / Foter / CC BY-SA


Herndon Legal Services: Making Technology Work for You

In the last several years we have seen a great increase in the sophistication and use of telecommunication software and paperless businesses. Skype is here to stay. Many businesses now offer the ability to email your receipt instead of printing it, among other eco-friendly business options.


We’re also seeing professionals take to e-service delivery in what were traditionally in-person transactions. For instance, look at the Doctor on Demand app that lets a mom whose child has a sore throat video-conference with a licensed doctor in a matter of minutes!

If doctors can deliver services through video-conferencing and other technology, why not lawyers? The answer is that many lawyers are stuck  thinking that they need an office downtown with clients coming to them. As my Grampa would say, “that just ain’t so”. Being a lawyer is about helping clients, and I think most lawyers would absolutely agree with that concept. But sometimes helping a client means meeting them where they are, with the amount of time and money they can afford to spend.

It is with that purpose that Herndon Legal Services opens its e-doors. At Herndon Legal Services we strive to provide you with top-quality legal services and advice, in a way that meets your time and financial needs. Contact us today for a free consultation on your legal needs.


Caitlin E. Herndon, Attorney

Herndon Legal Services, LLC