Reasons to Consider an Uncontested Divorce (or Not)

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Before deciding what type of divorce proceeding best meets your needs and situation, you need to know a little bit about different options you have for divorce. Traditional divorces are conducted in court, with lawyers and a judge. While they can be the right choice in some cases, they are also often very expensive and can drag on for long periods of time as well. Uncontested divorce is a newer option and is often the best choice for divorcing couples who agree on basic terms of the divorce, like how to divide the assets and what sort of decision-making responsibility and parenting time agreement will work for both parties.

Uncontested divorce is not always the right choice

There are several important advantages in choosing an uncontested divorce:

  • Saves money: Uncontested divorce almost always costs less than going to court. This means that more of your marital assets are preserved, which can benefit everyone involved.
  • Saves time: Without needing to schedule court dates, you will have more flexibility about scheduling meetings that work for you. Overall, the process generally takes much less time.
  • Privacy: Settling out of court means more privacy for your family, both in personal matters and financial records.
  • Peaceful: Coming to a mutually agreeable end to your marriage helps your family transition in a peaceful way. It is a quieter, more dignified way to end a marriage, and preserves a sense of working together towards common goals.

Uncontested divorce is not always the right choice, especially if your marriage involved any power disparities, domestic violence or emotional abuse. It may also not be possible if both parties are determined to maintain the same asset (like the martial home) or one party wants a larger share of the marital assets.