The Pros and Cons of an Uncontested Divorce

Ending a marriage is never an easy process as it evolves many emotions and fears. 
However, when the spouses are able to remain civil and agree between themselves on how to divide their assets, deal with custody and contact of the children, and handle any other matters, they may wish to consider an uncontested divorce. It still may be hard for divorcing couples to accomplish this in many instances, but the benefits can be great under the right circumstances.

THE PROS 
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Uncontested divorce offers divorcing spouses the chance to end their marriage quietly, quickly and with dignity.

The most obvious advantage of an uncontested divorce is its cost. This is because the divorce attorney will not need to draft extra litigation documents or letters. 

The low cost is not, however, the only advantage of uncontested divorce. If the level of conflict between the two spouses remains low, an uncontested divorce offers a way to keep it that way. The cooperation extends into the post divorce environment creating a better living environment for the children post divorce. 

You are also more likely to keep more of your assets in your pockets and out of the hands of us lawyers, a liquidator to liquidate the joint estate, actuaries and others required to put on a full divorce proceeding.

THE CONS

An uncontested divorce is not recommended when one spouse is bullying the other spouse to accept terms and conditions that are not fair.  If you are in this situation you should always seek legal advise from an independent attorney to review the proposed separation terms and advise you of your rights. 

Uncontested divorce is also a bad idea when the parties are not able to talk with each other without fighting. If your spouse refuses to have any discussion with you about divorce, or every conversation ends in a screaming match, but you are determined to move forward with divorcing, you will likely need to move forward with a contested divorce and simply rather issue a full detailed divorce summons.

HOW BEST TO DEAL WITH  A UNCONTESTED DIVORCE

The first thing you should do is schedule a consultation with a divorce attorney.  If you are considering a uncontested divorce both parties can consult with one attorney in order to obtain advise on how to divide their assets and how to deal with joint parenting post divorce. 

After the initial consultation the divorce lawyer will then draw up a deed of settlement agreement whereby all the terms and conditions of the divorce are recorded. Generally this will deal with assets such as homes, pensions, motor vehicles to children care and debt. 

The attorney will then draft a divorce summons in order to get the divorce action in court. Thereafter, a hearing date can be arranged. 

If you are considering divorce we encourage you to come discuss the option of uncontested divorce with our divorce attorneys. 

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