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Which couples are good candidates for uncontested divorce?

On Behalf of | Oct 13, 2024 | Divorce |

Divorce can be a challenging process; therefore, it can be a relief for couples to know that their divorce doesn’t necessarily have to be contentious and drawn out. Couples can explore a much less complicated approach than litigation — uncontested divorce.

This type of divorce is ideal when a couple is relatively on the same page concerning key matters that divorcing couples tend to fight about. An uncontested divorce is not ideal for every circumstance. Understanding which couples are good candidates for this approach can help divorcing couples set realistic expectations.

Mutual agreement and cooperation

The most important criterion for an amicable divorce is mutual agreement. Both parties need to be willing to:

  • Communicate openly
  • Negotiate fairly
  • Make compromises where necessary

Suppose one spouse is unwilling to engage in discussions or harbors significant resentment. In that case, reaching a consensus on important issues can be difficult. Couples who can approach the divorce rationally and respectfully are more likely to succeed in an uncontested process.

Minimal complexity in finances

An uncontested divorce is ideal for couples with relatively simple financial situations. It becomes easier to agree on asset division if the couple does not own extensive or complicated assets such as:

  • Multiple properties
  • Family businesses
  • Large investment portfolios

When there are few joint financial entanglements, spouses can easily decide who gets to keep what.

No significant disputes over children

Uncontested divorces are more appropriate for couples who can agree on child custody and support arrangements. This approach works well when both parents share similar views on:

  • How to raise their children
  • Where the children will live
  • How much time each parent will spend with them

An amicable divorce is suitable when there is no desire for a prolonged custody battle.

Desire for privacy and efficiency

Many couples prefer to avoid the public scrutiny and emotional turmoil that come with contested divorce proceedings. An uncontested divorce offers privacy, as it involves less court involvement and fewer public records. Additionally, it allows for a quicker resolution, minimizing the duration of what can otherwise be an emotionally exhausting process.

Uncontested divorces are a favorable option for couples who can eventually agree on all key issues related to their separation. If both spouses are committed to working together amicably, they can benefit from the efficiency and reduced stress of an uncontested divorce. The right legal feedback can help couples make this transition smoother.