Situations That Can Prevent You From Filing For An Uncontested Divorce

If you are having an amicable divorce, you may wish to simply file for an uncontested divorce. However, even if you intend to have an uncontested divorce, there are some issues that might get in the way.

It's Not a No-Fault Divorce

To be able to file an uncontested divorce, you must intend to file a no-fault divorce. There are other reasons you may be able to file, such as after accusing your partner of infidelity. However, you would not be able to file an uncontested divorce in this case.

Financial Concerns

You will need to not have any pending bankruptcies. You must also not own any property together and must not have any retirement benefits that you will need to divide between each other.

Another financial consideration is if one partner is making more money than the other. When this is the case, the other partner might choose to pursue alimony. However, this will prevent you from filing an uncontested divorce.

Child Custody

If you have children who are still minors, you will not be able to have an uncontested divorce. However, if your children are adults, they are less likely to be a factor. In circumstances where you cannot have an uncontested divorce, you are still allowed to have an "agreed" divorce if you agree to the terms set forth by your ex.

If your children are not minors, an uncontested divorce is often the best option because it places the least amount of strain on everyone.

The Benefits of an Uncontested Divorce

While an uncontested divorce is sometimes unavoidable, you will want to contact an uncontested divorce attorney if you believe it is possible. There are many advantages to filing for an uncontested divorce. First, you will not have to go through a negotiation process. When going through a normal divorce, you might find information will become public that you would like to stay undisclosed.

Going through an uncontested divorce is generally less expensive because you will save money on court costs. However, you will still want to consider speaking with an attorney. Your attorney will go through your legal options and will help you make sure that your rights are protected. 

Through the uncontested divorce process, you may gain a greater understanding of your finances and will need to evaluate your situation and whether you will need financial help from your ex. Also, you will not have to worry about the judge having a say over how your divorce proceeds. For more information, contact a firm like Ritter & LeClere APC Attorneys At Law.