Advantages of an Uncontested Divorce

Divorce can either be contested or uncontested. Contested divorce is for those who have issues with the divorce itself or its terms, such as child custody, child support, spousal support, and division of assets and liabilities. Uncontested divorce is for those who agree on the divorce itself and its terms.

Contesting a divorce may be necessary, as it can affect your life in terms of spousal relationship, children relationship, acquired assets, and other financial aspects. But sometimes, taking an uncontested divorce is the better choice because of its advantages.

Lower Costs
Contested divorce involves a lot of legalities, such as the maintenance and division of properties and other liabilities. For this reason, getting a lawyer and paying the appropriate fees is not out of the question. Uncontested divorce, on the other hand, can be successfully done even without the help of attorneys, minimizing your financial costs.

Faster Processes
Since uncontested divorce basically involves agreeing parties, the legal process takes less paperwork, and therefore, less time to accomplish and approve. There are also instances where a court proceeding is not required, again saving you from the financial costs of courts and lost time at work. You cannot say the same regarding contested divorce, as the disagreements require settlements and more paperwork.

Less Errors
Less paperwork means less legal matters to attend to and fewer chances of committing a mistake. Again, this makes the entire process cheaper and faster, not to mention that it prevents multiple meetings with the opposing party, which could be beneficial in the long run.

Less Hard Feelings
One of the most overlooked benefits of uncontested divorce is the fact that it often ends up with less hard feelings between the parties involved, because of the lack of disagreements in assets and liabilities. According to the website of the Austin divorce attorneys of Kirker Davis LLP, contested divorces can be emotionally taxing. Couples may feel the need to “win” the divorce as an act of anger or revenge, resulting into lengthy and expensive proceedings.

How is a Child Custody Dispute Settled in Court?

Divorce can be an extremely complicated process, especially for couples with children. Aside from making decision about shared finances and other similar concerns, divorcing parents will have to make considerations in regard to child custody arrangements. These considerations can quickly become a source of contention between the couple and lead to an impasse that can only be resolved through a court decision.

In child custody cases, the court will always decide in favor of a set-up that is considered the most beneficial to the children involved. The judge will look at all the details involved in the dispute and consider several factors in order to determine the arrangement that serves the best interest of every child in the situation. As much as possible, this usually translates to some form of joint custody arrangement. Most courts prefer to keep family life stable for children even after their parents’ divorce. If the situation allows it, a judge will decide on either joint physical custody or joint legal custody. The first is applicable for divorcing parents whose separate homes are close to one another. With geographical limitations, a judge will grant both parents joint legal custody and the primary caregiver with sole physical custody. This means that while their children are physically cared for by only one parent, both are able to play an active role in their upbringing through making important decisions on education, healthcare, and other similar necessities. The other parent will also get visitation rights to be able to continue to meet and foster a healthy relationship with his or her kids.

According to the website of Arenson Law Group, PC, child custody arrangements are decided on by the court through the consideration of details like the parents’ individual income and earning opportunities and their individual living arrangements. Factors such as the health, age, and lifestyle of each parent are also put into consideration. The court will also look into what the children might prefer, as well as the relationship between the divorcing parents, in order to ensure that their emotional well-being and stability are prioritized. A lot of factors therefore are considered in this cases.

Ideally, custody cases are settled by the court by deciding on an arrangement that involves the active participation of both parents in the lives of their children. However, there are certain scenarios when one or both parents are found unfit to provide for the best interest of their children.