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The Advantages and Disadvantages of an Uncontested Divorce

Man looking questioningly at a woman across a small table

It’s a false assumption that there are only advantages to an uncontested divorce. While this process has many benefits, there are some potential disadvantages.

What is an Uncontested Divorce?

An uncontested divorce is when the spouses agree on all terms of the divorce, including child custody, division of assets, and alimony. Uncontested divorces are typically less expensive and handled faster than contested divorces.

How Do I Know If an Uncontested Divorce is Right for Me?

Uncontested divorces may not be right for everyone, and it’s important to consult with a divorce lawyer to see if this is the best option for your situation. Here are some potential disadvantages of an uncontested divorce:

  • You and your spouse may not be able to agree on all terms of the divorce. If you can’t agree on key issues like child custody or division of assets, then an uncontested divorce may not be right for you.
  • An uncontested divorce can take longer than a contested divorce. If you and your soon-to-be ex can't agree on the divorce terms, it will likely take longer to finalize the divorce.
  • An uncontested divorce may not be less expensive than a contested divorce. Although you may avoid some legal fees by agreeing to an uncontested divorce, other costs, such as filing fees, are still associated with the process.

On the other hand, if you and your soon-to-be ex can agree on multiple issues, an uncontested divorce may be in your best interest.

Advantages of an uncontested divorce include:

  • You and your spouse will agree on all terms of the divorce without going to court.
  • Overall costs.
  • Uncontested divorces often have a lower emotional toll on both spouses and any children involved.

Is an Uncontested Divorce Right For You?

If you’re considering a divorce, it’s imperative to consult with a lawyer to navigate the legal process and protect your interests. A divorce lawyer can also help you reach an agreement with your spouse on all the divorce terms, making the process quicker and less expensive. If you have children, a divorce lawyer can also help you create a parenting plan that is in the best interests of your children.

The divorce attorneys at Peterson White, LLP can help you protect your interests and reach an agreement with your soon-to-be ex-spouse on all terms of the divorce. Contact our experienced family law attorneys so we can assist you through this transition. (855) 919-4124