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The Disadvantages of an Uncontested Divorce


While most couples are now choosing an uncontested divorce when finally deciding to part ways, there are still some disadvantages that should be considered with this 'simple' process. Uncontested divorce may appear to have a lot of benefits (which makes it quite popular among estranged couples) but the disadvantages may hinder a peaceful and smooth divorce between the couple. Ultimately, the type of divorce is something that only the couple can decide.

A Little Too Simple

Uncontested divorce is quite simple - in fact, it is too simple and this may be considered a disadvantage. For those people who have conjugal realty properties, joint bank accounts, and assets which are under the couple's name, an uncontested divorce might not be able to address the complicated needs of such situations. The same goes is true when the couple has children who have special requirements. An uncontested divorce might not be enough to iron out all the terms and conditions, especially when children are involved.

Conflict of Interest

In the eyes of the judicial system, a lawyer can act as the representative of only one party in the divorce. Since there is an adversarial relationship between the couple, and the lawyer cannot represent both and must choose one side. This leaves the other person without proper representation and at a disadvantage.

Frequent Face to Face Meetings

This is probably one of the biggest disadvantages of an uncontested divorce, especially for those who are victims of domestic violence. Since the couple needs to meet often, those who have a history of violence and those who are citing violence as the grounds for divorce are not advised to use the uncontested divorce. It is also not a good idea when the two parties cannot tolerate each other's presence or have difficulty talking to one and other. Parties who cannot talk with their would-be ex-spouse should simply not consider an uncontested divorce. This type of divorce requires constant communication. It would slow the case down to a crawl, leaving the parties with nothing but wasted time and money.

Uncontested Divorce is for the Diplomatic

Since an uncontested divorce needs both parties to be diplomatic about their separation, those who do not know the laws or those who are greedy will probably not do well with such a divorce. Behaving rationally and being knowledgeable about the law is something that both parties must possess in order to come to a proper agreement regarding their divorce. They must be willing to work on it. For parties who are greedy or those who need to make sure that they obtain their fair share of wealth and property, it is better to get separate lawyers and drop the uncontested divorce. The speed of an uncontested divorce will soon lose its appeal if hasty decisions result in an unfavorable outcome and long lasting hardship.

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