When a couple comes to the conclusion that it is best to divorce rather than continue a marriage, they may place a premium on keeping the process civil and responsible. In many cases like this, especially for those with very few assets, it is useful to file for an uncontested divorce rather than litigate every portion of the matter in court. Uncontested divorce is often a welcome relief to couples who fear the divorce process or do not want to stretch the process out unnecessarily.
However, even when couple’s wish to divorce amicably, uncontested divorce is not for everyone. It is usually most effective for couples who have assets simple enough to divide fairly quickly, without haggling over the minute details, or couples who have no children to consider.
For couples who’ve significant assets or liabilities, uncontested divorce may prove a poor fit. Even if a couple wishes to divorce amicably, it is still necessary to divide property fairly, and the more complicated the assets and liabilities at hand, the more in-depth the property division process can be.
Similarly, for couples with children, uncontested divorce may not provide sufficient structure to determine child custody. While it is possible to complete an uncontested divorce involving child custody matters, parents must file a number of additional forms to complete the process, and may find that the process is simply too unwieldy to navigate outside of traditionally litigated divorce or some other divorce solution.
If you and your spouse hope to achieve responsible civil divorce, consider all your options carefully. Whether you choose traditionally litigated divorce or uncontested divorce, be sure to use all the available legal tools to protect your individual rights and keep the process straightforward and effective.
Source: FindLaw, “Uncontested Divorce,” accessed March 09, 2018