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Disadvantages of uncontested divorce

On Behalf of | Mar 9, 2018 | Family Law

Divorce is often much more difficult than it has to be, even when both sides want something simple and straightforward, and have no desire for an expensive, protracted battle over assets and child custody issues. For many couples, a simple solution like uncontested divorce may provide the straightforward resolution they need, provided that the matters at hand are simple enough to fully take advantage of the process.

However, uncontested divorce is simply not appropriate or effective for all couples, no matter how amicable the split. Uncontested divorce is a very streamlined version of the process, and both assumes and requires that spouses do not need a more detailed divorce process. Unfortunately, some couples truly do need a more in-depth divorce procedure because of the nature of their property or their greater family concerns.

If a couple chooses to use uncontested divorce to deal with complex assets, one spouse or the other may not realize how much he or she is giving up, and may later regret the decision, or may even find themselves on the hook for liabilities they did not anticipate. Similarly, if couples do not carefully, completely separate their debts, they may find themselves continuing to effect each other’s financial lives and credit scores long after the divorce itself finalizes.

Uncontested divorce involving children is possible, but does entail several additional filings. Still, child custody issues are often far more complex than couples realize, and even though uncontested divorce can technically handle custody issues, it does not always do so in a way that fully recognizes both the needs of the child and the rights and preferences of the parents.

if you and your spouse hope to achieve a civil, respectful divorce, uncontested divorce is certainly an option, and one that you could carefully consider. Be sure to examine this option and other to achieve the divorce you need while remaining true to your own values and priorities.

Source: FindLaw, “Uncontested Divorce,” accessed March 09, 2018