While uncontested divorces are cheaper and faster than contested divorces, there are often many questions about how they affect child support and child custody. Read Summit Family Law’s blog to learn how parents can get an uncontested divorce.
What is an uncontested divorce?
An uncontested divorce means that you and your spouse agree to separate your assets and dissolve your marriage. You must agree on all the divorce terms, including child custody, visitation, child support, spousal support, debts, and distribution of assets.
There are many benefits to an uncontested divorce, including the time it takes, how easy it is, and the associated cost. Because uncontested divorces don’t require you to go to court, you typically avoid paying legal fees or spending months in the courtroom.
Uncontested divorces may seem ideal, but unfortunately, they can quickly become contested if you and your spouse can’t agree on all the terms. To achieve an uncontested divorce, you must communicate honestly with your spouse and attorney.
Can parents get an uncontested divorce?
The short answer is yes, parents can get an uncontested divorce. However, you and your spousemustagree on how you will share custody, parenting time, and parenting responsibilities. You must also agree on the amount and duration of child support.
Once you and your spouse agree to all the terms, you can file the agreement with the court. A judge will look at it and decide whether or not to approve it. After approval, the court will officially dissolve your marriage.
It’s important to note that uncontested divorces are easiest when a couple doesn’t have children or assets. Deciding on childcare is difficult in the best of times, but it can become even more challenging during a divorce.
How parents can get an uncontested divorce
Now that we’ve discussed what an uncontested divorce is, let’s look at how parents can get an uncontested divorce.
Discuss physical custody
Physical custody is the easiest to understand, as it essentially refers to your child’s physical care and supervision. Physical custody decides who your children will live with, the amount of time spent with both parents, and the amount of contact.
Decide legal custody
Legal custody gives you the right to make significant decisions about raising your children, including education, healthcare, and religion. You and your spouse may agree on a combination of sole custody or joint custody.
Set visitation schedule
Depending on how you and your spouse choose to handle physical custody, you may need to set a visitation schedule. A visitation schedule establishes a routine for your kids to spend time with both parents and should include a residential schedule, a holiday schedule, and a summer break schedule.
Determine child support
Child support gives your children financial stability by requiring the higher-earning spouse to make ongoing payments. Depending on your custody decisions, you may need to alter how much is needed in child support– especially if you have joint custody.
Be honest
Uncontested divorces require a certain level of honesty, especially when discussing high-stakes issues like childcare. You will need to communicate openly and honestly with everyone involved, including your attorney, spouse, and children.
Hire an attorney
Even though uncontested divorces don’t require attorneys, it is still in your best interest to hire an experienced divorce attorney. An attorney who focuses on family law can ensure that your agreement is fair and that your decisions benefit you and your children.
What are the benefits of an uncontested divorce?
We’ve already touched on the benefits of an uncontested divorce, but there are a few more to discuss. For one, uncontested divorces give you the freedom to decide what works best for your specific situation. You can work together and choose the best outcome.
Getting an uncontested divorce gives you a better relationship with your soon-to-be ex-spouse. Even though you may not want to see them again, you will need to work together to raise your children. Staying civil and getting an uncontested divorce is a great way to build a stable partnership.
The last but most important advantage of an uncontested divorce is that it is better for your children. Working together with your spouse keeps your children from being exposed to any open hostility between you.
Speak to a Professional
Getting a divorce is difficult, especially when children are involved. However, it’s vital to understand that parents can get an uncontested divorce and that it may bring you the best possible outcome for your family.
An experienced, empathetic family law attorney can help you work through the process and ensure that you are taking the proper steps. Here at Summit Family Law, we will help you give your family a better life.
Getting a divorce can be daunting, but we will help you take the next step in building a better future. Connect with us online at charlottechristianlaw.com or at (256) 859-7277. Move to a brighter future with clarity and confidence.
