If you have decided on divorce, you may also have decided that an uncontested divorce would be preferable over litigation.

While there are many benefits, there are also certain obstacles that you must overcome. Are you and your spouse good candidates for an uncontested divorce? Will it work for you?

The basics

An uncontested divorce is based on a couple arriving at a settlement agreement that is mutually acceptable instead of going to court for a traditional divorce procedure. The spouses prefer to make their own decisions regarding the terms of their divorce instead of having the terms decided by a judge. Cost is a factor in most uncontested divorces because this approach is so much less expensive than traditional litigation. It is also much faster, which appeals to most couples.

Common issues

There will likely be conflict because couples are rarely able to agree on everything. For example, who will end up with the marital home? To balance this out, what will the party who gets the home give up to the other party? In an uncontested divorce, the parties may not agree on major issues, but they must be open to negotiation and willing to make some sacrifices.

Dealing with children

Children are a complication of any kind of divorce. For example, how will physical and legal custody be handled? How and in what amount will child support be paid? A family law attorney will tell you that there are many questions concerning children, but that an uncontested divorce is much easier on young children than a bitter court battle. An uncontested divorce provides the perfect opportunity for the parties to develop a good parenting plan, which will help not only in the day-to-day routine, but also as preparation for unexpected issues that may arise.

Thinking ahead

Uncontested divorces are also more private; the world will not be privy to your personal disclosures. This way of ending a marriage is much less stressful for everyone in the family, and it also paves the way for a happier future as well as a kinder, gentler relationship for everyone involved.