There are many benefits to an uncontested divorce. They tend to be the easiest and lowest stress option and are certainly the cheapest option. An uncontested divorce will be handled quickly. It is sometimes possible to come to an amicable agreement with regard to division of assets, child support and spousal support.
Children in an Uncontested Divorce
For children, an uncontested divorce can help them sooner come to terms with living without the constant presence of one of their parents. It is a fact that bitter custody battles place a great deal of stress on children and in fact, many parents can agree on which spouse is better suited to custody. In most families, one parent is responsible for the primary parenting role. While both parents will have an impact, generally one will stand out as the primary caregiver. In most situations, this is the parent that would be granted custody. In all likelihood, they have taken on this role because their schedule allows it. For older children, disagreements in relation to living arrangements can often be resolved by talking to the child. Their opinions will count in any custody hearing and talking about the situation with the child can resolve the issue in-house.
Often, the primary caregiver prior to the divorce is able to provide better care and support for the child. Employment is a major factor in this. The parent that is the primary caregiver is likely to have made some employment sacrifices relating to childcare. While they may still be employed, it is most often the case that their working schedule has been designed around their childcare schedule and not the other way around. For the secondary caregiver, this is quite often not the case. They may work longer hours than normal or travel frequently. If any of these things occur, they are unlikely to be chosen for custody. Choosing the parent that is able to give the best care is usually not such a difficult task as long as the interests of the child are placed first.
Stress and Issues of Contested Divorce
The stress of a “contested divorce” takes an emotional toll. Small compromises on financial issues are often all that it takes to help a divorce go more smoothly. It is prudent to ensure that child support and spousal support do not become an overly heavy financial burden. Post-divorce, the cost of living of a family goes up. Each partner will need to find new accommodation and run his or her own household. Depending on the level of income that each partner has, this can be difficult. In order to achieve an uncontested divorce, both partners will need to consider the situation of the other carefully. This might mean giving up a little more or accepting a little less but if you have the means then it is often worth the loss.
Often it is possible to agree to splitting the family assets evenly and a level of spousal or child support. If one is to follow the norms with regard to these aspects of the divorce then it is a relatively quick and painless procedure. The financial aspects of a divorce are often where disputes arise. If one is to achieve an uncontested divorce, it is often best to be a little flexible on financially related terms.
Bitterly Contested Divorces
Bitterly contested divorces take their toll in other ways. Two people that once cared about each other enough to decide to spend the rest of their lives together can find themselves bitter enemies. If children are involved, this can be extremely destructive. If there are children then a certain amount of contact is necessary. A smoothly handled divorce creates fewer wedges and is easier to move past. Again, for children, this can be very beneficial. As destructive as the divorce process can be, bitterness between parents can cause children of any age a great deal of pain.
Family Attorneys are Necessary
There is a common misconception that an uncontested divorce need not involve a “family law lawyer.” Even if both parties are agreeable in the terms of their divorce, it is always best to seek professional legal advice. A family law attorney will help to ensure that the agreement is in accordance to the law and help to offer their advice regarding any conditions that may be ill conceived. A family law attorney can be a great impartial observer of the situation and a source of support in what can be an extremely difficult time. It is generally best for both parties to employ the services of their own attorneys. Depending on your budget, however, this might not be possible.
Even in the friendliest of divorces, there may still be some differences of opinion. The presence of an attorney can help create a divorce that is fair for both parties. A good family law attorney will have a great deal of experience working on divorces of all types and will be able to help you work through an uncontested divorce as quickly and painlessly as possible so that you can take advantage of all the benefits they have to offer.