When might an uncontested divorce not be best for me?

On Behalf of | Nov 19, 2019 | Divorce |

As you may know, you have numerous options when getting a divorce. Couples in Virginia who are ending their marriages are no longer limited to traditional litigated divorces. Today, you and other residents can consider uncontested options, such as mediation or collaborative law. 

There may be numerous advantages that uncontested divorce has over litigation, as the American Bar Association points out. Mediated or collaborative divorces have been known to take less time and cost significantly less than litigated divorces, and participants have the peace of mind knowing that the details of their divorce are private, rather than being put on the public record. Uncontested divorce is also generally less contentious than going to court. You may learn valuable methods of cooperation, communication and negotiation that you may continue to use when dealing with your ex-spouse, especially if you will be co-parenting the children. Your children may also be spared much of the conflict of a divorce when you and your spouse are able to resolve matters amicably. 

However, there are some factors that can complicate an uncontested divorce, including the following: 

  • Your spouse having a significant financial advantage over you 
  • Domestic violence or substance abuse being issues during the marriage 
  • One or both of you being unable or unwilling to compromise, communicate or treat each other civilly 

In any of these instances, it may be best to obtain experienced counsel and have a judge determine matters for the best interests of everyone involved. Since divorce can be complex, this information is not meant to replace the advice of a lawyer. 


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