Uncontested divorce can provide much needed relief to those who need to end a marriage but hope to minimize the complications of the process and get the matter resolved as quickly as possible. While many couples do technically qualify for uncontested divorce, it does not always serve the couples' greater needs beyond bringing and end to their legal relationship.
Uncontested divorce is most effective for those who do not share many assets or liabilities, have not been married for very long or have no children to consider in the divorce. For those who do have more complicated property or family considerations, uncontested divorce may fail to address these issues as fully as they deserve. In some cases, the couple may ultimately create needless complications for themselves by attempting to avoid complications.
This is particularly true of couples with complex assets or child custody issues to consider. Failing to divide assets in a thorough, detailed manner may mean that a judge does not approve a divorce. It may also leave one party floundering with unexpected responsibilities or lack of anticipated assets.
Similarly, child custody issues require filing a significant amount of additional paperwork. All too often, the simplified process of an uncontested divorce cannot fully address the needs of the child as well as the rights of the parents.
If you and your spouse hope to achieve a simple, responsible divorce, you need to carefully examine the legal options you have available. In many cases, traditionally litigated divorce does not have to become combative if the spouses choose to set a respectful tone.
An experienced attorney can help you understand the legal tools you have and guide you through the process with patience and experience, protecting both parties rights and interests.
Source: FindLaw, "Uncontested Divorce," accessed March 09, 2018