Not all divorces must involve complex and lengthy negotiations over assets and custody disputes. For those couples who have relatively simple marital issues to address, an uncontested divorce is often a strong option that works well for their needs.
However, some couples who hope to achieve a calm, responsible divorce or just want to get the matter over with and don’t want to deal with the hassle, may think that an uncontested divorce is a good option for them, when it may not be a good fit at all.
Some couples may actively harm themselves by attempting an uncontested divorce when it is not the appropriate way to dissolving their marriage. If you and your spouse face impending divorce and hope to file uncontested, be sure to carefully review your finances and custody issues before proceeding. An experienced attorney may offer needed insight into your circumstances and help you identify which form of divorce is indeed the best way to protect both parties’ interests and rights.
Uncontested divorce is often a good fit for couples with few assets or liabilities to address in the property division portion of the divorce. It is essential to understand that marital property is not merely your assets, but also your debts, which each party may hold mutual liability for.
If you rush through the property division portion of the divorce, you may realize later on that you did not correctly separate your debts, and your former spouse’s future poor financial behavior may impact your credit score. This may, in turn, affect your ability to obtain loans, find housing and even secure a job.
Similarly, rushing through asset division may mean accepting terms that are much less fair than you realize. Uncontested divorce is intended to allow those with few issues to resolve a way to end their marriage quickly and simply. For couples with significant assets, the process is simply not an effective way to settle their divorce fairly.
Uncontested divorce may also result in one parent or the other agreeing to hastily considered custody terms in an effort to get the marriage over with. When this occurs, it is rarely sufficient to properly protect both parents’ rights and privileges, and may even compromise the best interests of the child.
If you hope to divorce responsibly and reasonably, you may have a number of other options available. Divorce can be as calm and civil as you choose for it to be, regardless of whether you decide to file uncontested. Don’t jeopardize your future rights and opportunities out of a short-sighted desire to get a marriage behind you. Otherwise, the consequences may stick with you many years to come.