Saturday, December 15, 2018

Is An Uncontested Divorce Right For You?


March 17, 2010  

Divorce can be many things. It can be heartbreaking, exhausting, and expensive. But it does not have to be for many couples. An uncontested divorce is commonly used to dissolve a marriage. If both parties are able to work out all the details, such as property, money and child custody, then the divorce is uncontested and may not require legal counsel. Any person can file to legally end their marriage without an attorney. The number one question you need to answer is whether filing on your own is the best choice for you.

Typically the longer a couple has been married, the more issues there are that need to be managed. The married couple has had time to acquire property, become more involved financially, and children may be part of the equation as well. These factors often keep an uncontested divorce from being the right course to take. There are many details involved in deciding how to divide the life you shared together. An attorney can be a guide through the questions, negotiation, and resolution.

Financial issues are often the wall that keeps a couple from an uncontested divorce. Spousal support, pension division, and property issues can create huge disputes between parties. When these conflicts cannot be resolved by the parties involved, the separation is no longer uncontested and legal counsel will be necessary.

One of the issues that can have the most at stake is child custody. Property and money are often easier to share, but a child has a value and needs that must be negotiated. There may also be state laws that must be adhered to. This can make it very difficult for both parties to agree. If the couple is in agreement, the court may conduct interviews and make recommendations about child custody and child support. When couples cannot agree, legal counsel will be necessary. Even if there is full agreement, legal representation is very important when children are involved. It will ensure that all the points that affect the children are discussed and settled before the marriage is legally ended.

A friendly end to a marriage has important advantages. The cost is lower and the process is more private. One of the greatest advantages is the emotional affect, both for the couple, and any children that are involved. Choosing to negotiate and agree on the major points allows for less animosity. The focus on results versus feelings allows both parties to separate more amicably. Making an adult decision to focus on an end to the union simply, without fighting over small issues will result in a less complicated process and a more civil divorce.

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