Going through a divorce is difficult enough without adding extra conflict and stress to the process. That is why many couples consider an uncontested, or no-fault, divorce. But how do you know if it is the right option for your situation?
There are a few things to consider as you determine if an uncontested divorce works for you.
Do you both agree on the parenting plan?
If you and your spouse can thoughtfully discuss reasonable shared custody options and put the children’s best interests first, a mutual parenting plan is very possible. As long as you both believe the plan is fair and will work, you should be able to avoid court intervention for the custody determination.
Are you willing to negotiate?
The most essential element of an uncontested divorce is both parties being willing and able to work together. If you and your spouse are on decent terms and able to discuss asset settlements and custody agreements, an uncontested divorce may work.
Are the finances clear?
Untangling marital finances can be one of the most challenging elements of a divorce. If you have complex financial accounts, significant assets or concerns about your spouse making incomplete asset disclosures, the case may require judicial intervention. However, if your joint assets are clear and you can reach a reasonable financial agreement, an uncontested divorce can save you time and money.
While uncontested divorce offers clear benefits such as reduced stress and cost, it requires a cooperative spirit and good communication between you and your partner. If you think you are both willing to have constructive divorce conversations, an uncontested divorce may serve you well.