After years of trying to work out your difficulties, you and your spouse might have decided to end your marriage. If this decision is mutual, your divorce will be far easier to proceed with than most couples’. And if you two are parting on civil terms, you might think that an uncontested divorce makes sense for you. While it likely will, it is important to understand whether it reflects your marital circumstances.
When an uncontested divorce makes sense
If you and your spouse file an uncontested divorce, it means that neither of you will fight the terms of your divorce decree. You two do not have to see eye to eye on every single detail regarding your split. Rather, you must be willing and able to communicate and cooperate with each other to resolve all major issues.
In pursuing an uncontested divorce, you will likely save time and money. Litigated divorces are often costly and drawn-out. By staying out of court, you and your spouse can avoid the hearings and bills that can make the process tense.
When an uncontested divorce does not make sense
Not every couple makes good candidates for an uncontested divorce. For instance, you and your spouse may have complex assets that could be difficult to divide on your own. Litigating your divorce, then, can help ensure these assets split in a manner that reflects your circumstances – and that follows California’s community property laws.
Furthermore, you and your spouse may have children. Even if you agree on other aspects of your divorce, you may have different ideas of how to raise them, or of what an ideal custody arrangement looks like. If you two cannot agree on these matters, you may need to resolve your dispute in court. You and your spouse may also have to go to court if you cannot agree on the value of child or spousal support awards, if these are part of your divorce.
While some divorces are contentious and must be litigated, you will want to do everything in your power to resolve yours out of court. Filing an uncontested divorce gives you this option, though you will want to seek legal help to make sure it makes sense in your situation.