With many separating spouses dreading the thought of bitter courtroom battles, uncontested divorce has become a popular method to end marriage unions.
But while this less confrontational path encourages mutual agreement, saving time, money and emotional turmoil, it is not for everyone.
The most important requirement
Divorce settlements will not work if the parties do not openly communicate, compromise and mutually agree on divorce issues.
If you are contemplating an uncontested divorce, you must consider your and your soon-to-be ex-spouse’s willingness to deal amicably with each other and come to an agreement on divorce issues, such as property division and spousal support.
While disagreements may arise during the process, an uncontested divorce can be a success with both parties’ willingness to agree and the guidance of a competent legal representative.
Not a suitable option for domestic violence cases
While separating parties are free to choose the method of their divorce, spouses with a history of domestic violence are discouraged, and in some cases prohibited, by courts to settle privately. On top of safety concerns, settlements will likely not work due to the power imbalance between parties, with the abuser controlling the terms of the divorce agreement.
In cases like these, it is usually best to have the court decide on divorce issues.
Exploring options by looking into your situation
An uncontested divorce can be a less stressful alternative for separating couples willing to agree on key issues. Not only is it cost-effective and time-saving, but it can also preserve amicable relationships. However, it is a method that requires mutual consent and may not be suitable in certain cases.
Ultimately, your unique situation will determine the right path. Seeking professional advice about whether uncontested divorce is for you can help protect your interests and future well-being.
