If you’re trying to decide whether to file for an uncontested divorce or not, there are certain factors that you should take into account. Uncontested divorce might make a great choice if you and your spouse agree on all of the issues and it’s unlikely that you’ll have any property disagreements. It could also be the best option if you both want a divorce but are concerned about the cost or time restrictions of a contested divorce.
With a divorce lawyer Huntsville by your side, uncontested divorce can be the simplest and quickest way to end your marriage. However, there are certain situations where an uncontested divorce might not be the way to go.
Here are some situations when you can’t opt for an uncontested divorce.
A history of domestic violence
If you and your spouse have a history of domestic violence, you can’t go for an uncontested divorce. It is because domestic violence is a crime in itself. If your spouse was convicted or if you think he or she has been acting in a violent manner, you should file for divorce. You should seek legal help to protect yourself and your children first before you can seek an uncontested divorce.
It is better to go for a contested divorce if domestic violence is involved because it will also help you gain a quicker divorce. You can also seek a restraining order against your spouse if required.
You and your spouse can’t remain amicable
If you and your spouse can’t remain amicable and are about to go for a divorce, you can’t opt for an uncontested divorce. Filing for a divorce involves disagreements and arguments. Whether it’s about the custody of your children or other factors, most disagreements will lead to a lot of shouting and screaming. Going for an uncontested divorce might not be the best option if you and your spouse can’t remain civil with each other throughout the process.
You need to resolve complex issues
Some of the complex issues that can’t be resolved in an uncontested divorce include child support, spousal support, and property division. Also, there are very complicated cases that may make it difficult for your spouse to divide his or her property. If there are factors that make it difficult to resolve the issues, you can’t opt for an uncontested divorce.