An Uncontested Divorce Is Often The Best Choice
by Adriana Noton
Most marriages begin with good intentions, but fail for a variety of unique reasons. Even though the individuals involved may have grown to despise each other, only around 5% actually go to court over issues of property division, or child custody and support. The rest choose an uncontested divorce, meaning that they have been able to come to a mutual agreement without having to go to trial.
The most amicable splits still require a great deal of negotiation surrounding the ramifications of breaking that contract. Marriage usually means that there are commonly held assets, which may include vehicles, homes, personal purchases and joint bank accounts. Accrued debts must be fairly divided, and are often one of the main causes of a failed union.
Custody of any children, and the amount of support they will receive is also a major issue. In the majority of cases, the mother is awarded custody, and immediately faces the prospect of becoming a single parent. Husbands may rightly or wrongly feel that their finances are being drained by the dissolution, and often face living on a considerably smaller scale.
When both parties can agree upon these issues without intervention, no lawyer is needed, and the proceedings move faster. The immediate advantage is financial. Lawyers and mediators commonly charge several hundred dollars per hour, and many people going through a split are already financially under water. Being able to communicate well enough to forge an agreement saves those fees.
An uncontested dissolution also has the advantage of keeping the details private. Only the information actually been filed by the court is available to the public. While most details are of little public interest, those who are prominent in a community or politics may wish to keep that information from becoming common knowledge. Confidentiality lowers the stress levels of both involved parties.
Another favorable factor is hard to quantify statistically, but may be the most important of all. A couple that is able to sit down together and actually work out the terms of their own split often face fewer bitter arguments. Knowing the terms of a dissolution enables both to begin making plans for the future. Both retain a measure of personal dignity, which is rarely the case in a contested dissolution.
Contested marriage contracts in the past often involved one party who did not actually want to end the marriage, and was trying to prevent it. Today, however, the most common reason for involving lawyers and the courts is the inability to agree on custody, child support, and especially the division of property. The ultimate process will lay bare all financial records, and may reveal other personal information.
The case may drag on for months or years, and the children often pay the greatest price through stress and instability. The cumulative legal costs can be enormous, and can rapidly drain away savings. Dissolution of marriage is rarely an enjoyable process, but for most people an uncontested divorce can be the best choice financially and emotionally, and often is less harmful to any children involved.
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