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The potential risks of filing uncontested divorce

Filing for an uncontested divorce often seems like a simple and straightforward solution for couples who realize that they want a divorce and do not wish to prolong the matter or get bogged down in months or years of negotiations over property and custody rights. In many instances, it is just that. For couples whose circumstances align with the benefits of uncontested divorce, it is an excellent way to dissolve a marriage quickly and civilly.

However, many couples file for uncontested divorce before they understand just how complex the process of obtaining a divorce can be. Uncontested divorce is potentially dangerous for those who do not carefully address their financial and custody issues, and, in some cases, simply do not have the structure to address complex assets and liabilities or custody arrangements fairly.

If a couple chooses to file uncontested divorce without properly understanding the issues hand, it can result in lingering financial dependencies, grossly unfair settlement terms, or poorly constructed custody arrangements that do not reflect the rights of the parents or the best interests of a child.

If you and your spouse are considering an uncontested divorce, it is wise to carefully examine your finances and family needs before moving forward. An uncontested filing is not the only way to achieve a reasonable, civil divorce, and it may prove more problematic than useful in the long run. Be sure to look closely at all the options you have to ensure that your rights and priorities remain secure as you move out of your marriage and into the next season of life.

Source: FindLaw, "5 Potential Pitfalls of an Uncontested Divorce," accessed March 23, 2018

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