While an uncontested divorce is traditionally less time intensive and less costly, it may not always be in the best interest of the divorcing couple. Here are several reasons why you may want to think twice about an uncontested divorce.
If you or your children have been the victim of domestic violence, it will be impossible to amicably negotiate with your spouse on the various aspects of divorce. Since uncontested divorces require a great deal of communication between spouses in order to come to an agreement, this generally cannot be achieved when one spouse has a restraining order or no-contact order with their abusive spouse. In these types of cases, a traditional divorce is generally necessary.
An uncontested divorce can only take place when both parties completely agree on every aspect regarding the divorce, including child custody, visitation, property division, and other issues. However, if you and your spouse are at odds with each other, it’s unlikely you’ll be able to productively discuss the matters at hand. Often, spouses who cannot communicate and agree on the issues of a divorce will need to proceed to litigation.
Couples with a significant amount of assets and/or property may not find it in their best interest to proceed with an uncontested divorce. It is rare that a couple will be able to reach an agreement regarding such a high amount of assets, especially if no prenuptial agreement is in place. Couples who are engaged in a high net worth divorce should speak to their attorneys individually to determine the best approach.
What type of divorce to pursue is a deeply personal decision and is dependent on a wide variety of factors. It is critical to have an experienced divorce attorney on your side who can help you evaluate all of your available options and discover the right path for you.
At the Haefner Law Office, we understand that no two divorce cases are alike. We are committed to guiding you step by step through the divorce process, and our goal is your ultimate success. Contact us today for a consultation to discuss your unique legal situation at (314) 200-6101. We are available now to help you.