What you need to know about an uncontested divorce

| Oct 4, 2021 | Divorce

An uncontested divorce is one where both parties are in agreement. Couples need only to agree on pertinent divorce issues, such as child and spousal support, custody and property division outside of court that a judge would otherwise decide. 

While resolving your differences this way may save you time and money involved in the judicial process, it’s not always the best option for you, as detailed below.

The advantages of an uncontested divorce

Saving on costs is perhaps the most significant upside of having an uncontested divorce. Attorney fees and the other expenses in a typical divorce are less likely to apply in an uncontested divorce. In addition, an uncontested divorce offers the divorcing couple some privacy. Divorce records are considered public, and an uncontested divorce may prevent any scrutiny of a family’s assets or properties.

Disadvantages of an uncontested divorce

An uncontested divorce also has its cons. For instance, the terms may not be fair, and you will likely end up with less than you deserve. Also, your spouse may move assets in bad faith. Such assets transfer will affect the amount of property or assets involved in the divorce, which would not be the case in a contested divorce – court orders would prevent that. 

Finally, your spouse may not be honest about their intentions in an uncontested divorce. It explains why you should be careful with the terms before agreeing to them.

Your rights come first

Protecting your rights should be a top priority during a divorce. That said, you cannot be pressured into an uncontested divorce by your spouse. If you feel like the terms of your uncontested divorce are not in your best interests, you must make informed decisions moving forward. Divorce should not be a complicated process if you know what to expect along the way.