One of the toughest times in a person’s life is facing the fact that their marriage is failing, and it may be time to divorce. The idea of divorcing oftentimes conjures up images of a long, drawn-out courtroom battle — something that is emotionally and financially exhausting. Some couples in the Ocala area who want to avoid such troubles and end their marriage in as simple and amicable a way as possible may want to consider an uncontested divorce.
In an uncontested divorce, couples will work together out-of-court to settle their divorce legal issues. They can, and most often should, retain their own attorneys, but what is important is that they are both committed to reaching a resolution to their divorce legal issues on their own, without having to litigate the matter.
Advantages to an uncontested divorce
One advantage to an uncontested divorce is that it allows couples to make a clean break while remaining cordial to one another. This could be especially important if the couple has children. Couples with children will remain tied together post-divorce in their role as parents with the common goal of raising their child, even though they are no longer married. Doing so requires a certain amount of cooperation and respect, and an uncontested divorce can set the stage for positive interactions moving forward.
Another advantage to an uncontested divorce is that it generally requires both parties to sit down and look at their finances. The value of their marital assets and debts will have to be ascertained and agreed upon before they can make property division decisions. In addition, an uncontested divorce provides couples with the opportunity to think about their post-divorce expenses and income now that they are on a single income, which is important when negotiating spousal support. Knowing your financial situation as we as your ex’s can help you plan for your financial futures in a way that is fair to all involved.
Is an uncontested divorce right for everyone?
All this being said, an uncontested divorce is not necessarily the best choice for everyone. If a couple has an especially complex divorce involving significant high-value assets, going through the traditional divorce process may make more sense. Also, if domestic violence is an issue, it may be better to pursue traditional litigation, as the power inequities and possible duress could lead to unfair or undesirable outcomes if the couple tries to settle out-of-court.
However, for those who want to try to work together to reach a divorce settlement, an uncontested divorce may at least be something worth considering. Getting a divorce can be tough, but it need not be acrimonious. Any steps that can be taken in cooperation out-of-court can set the stage for positive interactions and a fresh start once the divorce is final.