Advantages and Disadvantages of Uncontested Divorce

Litigation can be taxing, both emotionally and financially. Litigation can mean you have to appear in court, missing work and having to make alternative arrangements for child care. In short, litigation can be really inconvenient, in the kindest of terms. For divorces, spouses can elect to have an uncontested divorce instead of having to go to court to have a judge make the ultimate decision on how the parties’ divorce should play out. There are pros and cons to an uncontested divorce that spouses should consider before deciding whether this option is right for their case.

An uncontested divorce often has the major advantage of being ultimately less costly than a contested divorce. With an uncontested divorce, the parties do not have to pay an attorney to prepare for and litigate a final divorce hearing, or any of the myriad other motions that may have to be filed in a contested divorce. Although it is still highly advisable to have an attorney to help you through an uncontested divorce, this will almost certainly be much more budget friendly than having a contested divorce go all the way through trial. Another advantage is speed. A contested divorce can last months or sometimes even years, while the parties have to conduct discovery, schedule court dates, and attend mediation. With an uncontested divorce, the parties will have to abide by certain time limitations, but other than that, the divorce can be accomplished relatively quickly. In most situations, another big advantage is also preventing the relationship between the spouses from degrading even further by virtue of having to go to court and make allegations of wrong doing against the other spouse. With an uncontested divorce, there is no need to testify about the couple’s “dirty laundry.”

A disadvantage of an uncontested divorce is that it is not suitable for every case. In cases where there has been domestic violence or there is a large imbalance of power, it may be better for the parties to allow an impartial judge to make decisions about the parties’ property and children. Another potential disadvantage is that the parties must come to an agreement on absolutely everything. Without an agreement on every issue, the parties cannot obtain an uncontested divorce.

Uncontested divorces can be a good option for many couples. We have experience in helping clients with all types of divorces, ranging from uncontested to highly complex litigation. Call us today at (732) 529-6937 to talk about your case.
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