Many couples have turned to uncontested divorce as the simplest and least upsetting way to end a marriage. There are several reasons for this:
They are much less expensive than conventional divorces. They are more private, avoiding the spotlight of the court. They're fast because there are no difficult issues to resolve. People have already resolved such issues as:
- The division of all marital property and debt
- Parenting time and responsibilities
- How much and how long child support will be paid
- How much and how long spousal support or alimony will be paid
It's not for everyone
But - uncontested divorce is not for everyone. They do not work well under several circumstances.
The divorce has to honestly be uncontested. Sometimes couples think uncontested divorce is for them. They get along, they are eager for a speedy resolution, but an issue they had been ignoring turns out to be more challenging than they thought.
The couple has major, complex assets. Whether the assets are real estate, 401(k)s, or a valuable art collection, this couple needs a careful division of property.
There is any question of coercion or violence. Marriages involving these kinds of trouble are not appropriate for uncontested dissolution. Couples must be on an equal footing to make this sort of deal. If one side is being controlled or abused by the other, that person needs protection.
If there are significant unresolved emotional issues. If one side is furious with the other, or not on speaking terms, a peaceful dissolution may be hard to achieve.
When only one side understands what is going on. Uncontested divorce works when both parties understand divorce law, and what the deal you are making will mean for your future.
When children are involved. Couples with young children are sometimes able to negotiate an uncontested divorce, but this is rare. Our experience is that almost every parent loves his or her kids fiercely, so it is hard to be casual and agreeable about custody and parenting.
If you have more questions about uncontested divorce - whether it is right for you - we have answers at our website.