Uncontested divorce is when couples get legally separated without having to appear in court. First, they have to agree on certain things such as child custody and support, payment of debt, parenting responsibilities, and division of conjugal properties. After a required duration of time, the process will be over and their marriage will be ended.
What are the pros and cons of this process?
The biggest advantage is the cost. This is the cheapest method of getting a divorce because there is no need to pay a big sum of money for a series of court trials and documents.
It can be done without the supervision of an attorney. Contested divorce happens when there are more legal issues; therefore, lawyers need to monitor every single process that is taking place. Uncontested divorce, on the other hand, means that there is no disagreement. In this case, the couple will just wait for the required time to finish the divorce process. There are no legal conflicts to be settled so lawyer supervision is not necessary.
Another advantage is that problems within the family will be more private and the situation will not be aggravated. In court sessions, one has to pinpoint the other person’s weakness/es in the marriage. They have to prove where the marriage had gone wrong. Sometimes, this could lead to wrath between the couples because they have to speak ill about each other. Children will be more affected and sometimes, they also have to testify in court.
You can negotiate before you get divorced. This is good because you will know what happens next. You do not leave unanswered questions and uncertainties on who is going to have custody of the children or who gets to keep which properties. In addition, you get an ample amount of time to think things over.
Uncontested divorce has downsides, too, especially on special conditions.
This is a bad idea if domestic violence is involved. The idea of domestic violence lies on one’s dominance over the other. In this case, the person could not possibly compromise with the other.
When couples do not talk confidently with each other, divorce without the presence of lawyers will also be difficult. What if the spouse has difficulties raising important topics or questions? Communication is an important tool and without it, this method will not work out.
Another downside of this kind of divorce is that it requires some knowledge on law. For example, what if the marriage is between a greedy husband and a wife who knows nothing about the law? It is possible that during the negotiation process, the husband will get an unfair portion of the properties.
For married couples who want to get divorced using this process, they should know carefully how it works and what they need. Aside from that, they should be aware of what their spouses are like. This will make it easier for them to determine the outcome. Also, they have to make sure there are no financial matters at stake and the children will be okay with whatever kind of custody they agree upon.