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Is an uncontested divorce a good idea?

On Behalf of | May 27, 2020 | Family Law |

Your marriage is ending, and you’re angry and upset. It may be tempting to make the entire process as difficult for your spouse as possible.

However, fighting over every aspect of your divorce can end up hurting you more than your spouse. Mentally, physically and financially, it can be far wiser to rein in your anger and try to work out an agreement with your spouse so that you can have an uncontested divorce.

What’s an uncontested divorce?

If you and your spouse can work out a deal regarding custody, support and the division of property that you both are willing to accept, your divorce is said to be “uncontested.” In other words, there’s nothing left to litigate, and a judge won’t have to step in and make decisions for you.

When does an uncontested divorce make sense?

It makes sense any time you want to minimize conflict and the amount of control the court has over your life. Couples often manage to put aside their hostilities and work together toward an uncontested divorce because:

  • It allows them to customize a custody plan for their children that is ideally suited to their unique needs.
  • It allows for a more creative division of the marital property.
  • They can avoid the time drain from a litigated divorce, which allows both parties to move on with their lives (and heal) faster.
  • They can avoid expensive litigation, which means there’s more money for the couple to divide (and keep).

Couples who have children can also use the process of negotiating an uncontested divorce as a starting point for developing their co-parenting relationship.

An uncontested divorce probably isn’t as far-fetched as it seems — even if you and your spouse are both angry. Find out how you can work with an attorney to negotiate an end to your marriage that’s as peaceful as possible.


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