In an uncontested divorce, you and your spouse generally do not argue about anything. The court usually does not get involved, and your separation will likely be completed more quickly and for a much lower cost. Uncontested divorce might sound like the perfect way to end a marriage, but it might not be ideal in the following situations.
You and your spouse have a history of domestic abuse
An uncontested divorce usually requires the couple to negotiate the significant issues of their separation, such as child custody and alimony, often with the assistance of lawyers and other professionals. For such discussions to be possible, the couple usually has to willingly cooperate with each other.
Cooperation might be difficult for couples with a history of domestic abuse, as the abuser might threaten their partner’s safety. The court will likely provide a safer environment and a better chance of fair outcomes for the wronged partner.
You and your spouse cannot stand one another
If you and your partner cannot face each other without going on a screaming match, an uncontested divorce may not be for you. You will likely waste time and money trying and failing to negotiate with one another. In such a case, having a judge hear your case and decide on major issues might be a more productive course of action.
Your issues are incredibly complex
Some separations involve issues that are too complex for simple negotiations. When your divorce involves fraud, hidden assets and high-value estates, lawyers and the court’s authority might help you settle your separation more effectively and efficiently.
A divorce is often time-consuming and expensive, and using a less-than-ideal approach will likely make it more stressful than it already is. Consulting with a divorce attorney can help you end your marriage in a way that fits your situation and matches your desired outcomes.