In one of our recent blogs, we talked about how the uncontested divorce process works in California. There are some major benefits to choosing this option over a traditional divorce, including saving time and money as well as having more control over the outcome.
This all sounds great in theory, but the reality is that uncontested divorce is not for all couples. So, how do you know whether it’s the best choice for you? Here are three questions to ask yourself when deciding whether uncontested divorce may be the right option for your unique situation.
Am I On Good Terms With My Soon-To-Be Ex?
Oftentimes, an uncontested divorce is a great choice for couples who are still on relatively good terms with each other. While they may have their reasons for separating, the individuals can get along enough that it allows agreements to be made that are fair and make sense for both parties.
On the other hand, if you and your spouse cannot even stand to be in the same room as each other without fighting, let alone make decisions on important issues, there are probably other divorce options you may want to explore. Other situations that may mean a couple is not the best suited for an uncontested divorce include if there was a history of domestic violence or emotional abuse.
Do We Agree on All or Most Assets for Property Division?
The division of property is an important part of the divorce process. This can be done with an uncontested divorce if you and your soon-to-be ex agree on all aspects of property and assets. For example, there should be an agreement on what is considered separate property and what is considered marital property.
If there are any disagreements over who gets what property, such as the family home or how debts are split, going to court may be necessary. This way, a judge can review all aspects of your property division, and your attorney can ensure that your spouse is not hiding assets.
Do We Agree on Child Custody and Visitation Matters?
When there are minor children involved, some couples are able to put aside their own differences and come together in order to create a custody and visitation plan that works in the kids’ best interests. If you and your spouse agree on such arrangements, it’s a great sign that an uncontested divorce could be pursued.
However, some spouses refuse to do so. To get revenge, one spouse may try to claim full custody of the child or prevent the other parent from having visitation. Disagreements on such matters may mean that you’re better suited for another option, such as divorce litigation.
Get Legal Help for Your Uncontested Divorce
Deciding to go through with an uncontested divorce does not mean you are on your own. At Gill Law Group, our Orange Country divorce attorneys are the legal advocates that you need to help ensure a positive outcome. We are standing by, ready to hear your story, develop a personalized legal strategy on your behalf, and guide you through the process from start to finish.
If you’re ready to secure your future and that of your family, contact our firm at (949) 681-9952 at your earliest convenience.