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Uncontested Divorce With Children

by Lisa Pulsifer

An uncontested divorce is a process that many couples choose when deciding to end their marriage, especially when children are involved. While there are many benefits, there are also some disadvantages to consider. Understanding the process and reviewing the possible decisions to make will help you know whether this is the right choice for your divorce.

Definition

An uncontested divorce still requires papers to be filed through the court system. The difference in this type is that instead of a judge making the choice on how things are divided, the couple involved comes to agreed terms with what will happen. The use of lawyers may still be required to make sure that the paperwork is filed correctly and that everything is accounted for properly.

Implications With Children

If there are children involved, the family might be required to be interviewed by someone appointed by the court. The appointed party will then decide what is in the best interest of the children in terms of custody and child support. At this point, the couple can either agree to those terms and carry out the uncontested divorce or make a different choice by further involving the court system.

Benefits

Because less time is spent in the courtroom and with lawyers, an uncontested divorce costs less. Also, if the parents are able to decide things in an amicable way, they are avoiding involving more people, which could potentially cause an increase of conflict. This also gives the parents the opportunity to show their children that they are still able to work together, especially in terms of putting their children's interests first.

Disadvantages

An uncontested divorce is not a good idea if there are extenuating circumstances. Examples of these situations include children that require extra care due to a disability or illness; significant financial ties to each other through real estate or debt; or an inability to resolve conflict in a healthy way. Also, in the case of domestic abuse or other criminal behavior, an uncontested divorce would not be an ideal solution.

Considerations

When children first learn of their parents' divorce, they will be looking to them for an example on how to proceed. An uncontested divorce gives parents the opportunity to show that even though they are no longer going to be married, they are able to work together and get along. This lack of conflict can assist the children in making a smooth adjustment to changes. Also, the children can be the main focus of the divorce in a positive way, rather than focusing on the conflict between the parents.

About the Author

Lisa Pulsifer has found written communication to be necessary in school and her teaching career. While Pulsifer's online writing experience consists of several message boards on topics that range from pregnancy, parenting, to living frugally, writing was required as she earned her M.Ed. in severe disabilities and B.S. in psychology.

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