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When is a divorce considered uncontested?

by | Nov 16, 2016 | Family law

If you said yes to any of these questions, then you could be like most people and dreading the process ahead. After all, divorce is often seen as a contentious affair – one you probably never saw yourself grappling with or want to handle at this moment.

While most people think of divorce as an all-out battle in the courtroom that can drag on for months or even years, dissolving a marriage doesn’t have to involve disputes and contentions. In fact, some couples may be able to dissolve their marriage amicably and not even realize it – not unless they consider these five common indicators of an uncontested divorce.

#1: You agree on how property should be divided. Property division often becomes a sticking point in most divorces, which means if you agree on how these assets should be divided, you can overcome a major hurdle and ensure your divorce is an uncontested one.

#2: You agree on who should be your children’s custodial parent. When parents keep in mind the children’s best interests regarding where the children should live and with whom, custody agreements are much easier to arrange prior to filing for divorce. A prior agreement that falls within the scope of state law also qualifies a couple for an uncontested divorce.

#3: You agree on a fair parenting time schedule. Agreeing on how much time each parent should get with their children and when can easily turn into a source of contention if parents don’t keep an open mind or consider the children’s best interests. A fair parenting time schedule is possible without the intervention of a judge if parents keep these two major things in mind.

#4: You agree on a child support amount. Once again, if parents can keep their children’s best interests in mind as well as the role they will be taking in their children’s life after divorce, then coming to an agreement regarding child support can be amicable.

#5: You agree on post-divorce support. Alimony, also called spousal support or spousal maintenance, isn’t necessary in every divorce. If you and your spouse can agree on this point, then your divorce is another step closer to being an uncontested one.