Guiding you through the complex, emotional legal issues facing you and your family.

Is an uncontested divorce right for me?

On Behalf of | Sep 25, 2020 | Divorce

So, you and your spouse are getting a divorce. Simply agreeing on this is a critical first step, but there’s so much more to follow. When it comes to divorces, you have two options: contested divorce and uncontested divorce.

Contested divorces occur when a spouse either does not want the divorce or cannot agree on the terms of the divorce. Uncontested divorces, however, are an ideal option for couples who are splitting amicably or aren’t interested in fighting through the court. If you’re part of this category, you may have an easier divorce process ahead of you, but it still won’t be without significant challenges.

Considerations for an uncontested divorce

While the name implies fewer arguments in an uncontested divorce, that doesn’t mean you and your spouse will always see eye-to-eye. Preparing for an uncontested divorce means you will need to consider various essential divorce issues and come to an agreement on each.

The following are some concerns that will come up during your divorce:

  • The family home – You’ll need to ask yourselves who will stay at home and who will move out. Or, will you both decide to sell the home entirely? This could happen if one or both of you are planning to move out of state.
  • Child custody – Determining child custody is a crucial part of the divorce. If you’re sharing custody, where will the kids live? How often will they stay with the other parent? What are your plans for important dates such as birthdays, Christmas, or the summer holidays?
  • Child support – Who is going to pay? Child support can help a parent provide proper care for their kids. You must consider who most needs the additional finances to support your children.
  • Spousal support – Similarly, spousal support can help a spouse stay on their feet after separation. You’ll have to agree on who will pay these fees.
  • Property division – Do you know how you plan to separate your assets? How will you split sentimental items such as photo albums or online assets such as a Netflix account? If you own a business, you may face further challenges deciding how to divide your company as well.

Consult with an attorney

Divorce is a challenging process, regardless of whether it’s contested or not. With so many vital issues to discuss, having an attorney to guide you can be a significant asset.

And if you decide to go through an uncontested divorce, preparing to answer the questions mentioned above can help make the process less stressful. With careful planning, you and your spouse are sure to reach an agreeable solution for your divorce.