Uncontested Divorce Issues

Developing a Plan
When both spouses can clearly see that there’s no way to save the marriage, the foundation for an uncontested dissolution of the marriage has already been laid. All that is left is to settle on the details of the split. However, this involves resolving some fairly significant issues.

One important issue you’ll have to settle on is the division of property. If you’re still able to logically discuss the situation with your spouse, it can be relatively easy to take a common sense approach to this issue. Look at what each of you has brought to the marriage in terms of property and finances, and what each of you will realistically need after the split. Look at this aspect of the decision also in terms of its impact on the children.

For instance, if it’s decided that the mother will keep full custody of the children, it also makes sense for her to keep the family home. If the other spouse wants his share of the equity in the home, the mother can make plans to sell and downgrade to a smaller house or start renting if necessary.

The issue of who will keep the kids is also fairly common sense in many cases. Again, it often makes sense for whichever parent who spends the most time raising the kids to become the primary custodian. A common method of sharing custody is to have one parent look after the kids during the week, while the other parent will take them on weekends. This is obviously most practical if both spouses will remain living close together after the divorce.

Why Contests Arise
As mentioned, most divorces are uncontested. However, in some scenarios certain issues can cause complications which end in a prolonged court battle. Breakdown of communication is usually the root cause of such problems, so try to keep the channels of communication open no matter how stressful the situation becomes. When one spouse stops talking, that tends to be the point where a messy battle can begin.

Remember that if the issue goes to court, everyone loses in a certain respect. That said, if your spouse is being completely unreasonable you may have no other choice than to bring in outside help.

Mediation
Bear in mind that as soon as any outside mediation comes into the picture, a divorce is no longer considered “uncontested.” It’s only an uncontested divorce if the spouses can work through all the issues without a third-party adviser. However, you should keep your mind open to the possibility of bringing in a lawyer or professional mediator if you get stuck in planning an agreement with your spouse. There are various levels of outside help you can get short of a full-blown court battle. See Contested Divorce here

SBI!