When a couple divorces, the idea of having a smooth, straightforward uncontested divorce may sound appealing, but there are some disadvantages of taking this route.
If you have any doubt that your spouse will approach divorce fairly and amicably, you should seek guidance from legal services houston tx before agreeing to an uncontested divorce.
Unequal Split of Assets
When a couple has many assets or children, an uncontested divorce may not be enough to address all the terms and conditions that need to be ironed out for the dissolution of marriage. Also, the more assets a couple has, the more disagreement they may have on splitting those assets fairly.
If the relationship between a couple becomes adversarial, their lawyer must choose which side they will represent. A lawyer can’t represent both sides in a divorce if those sides are opposing.
Cases of Domestic Violence
An uncontested divorce is a bad idea if there is domestic violence, emotional abuse or some other inequality of power that is present in the relationship. In these difficult situations, the disadvantaged spouse must have an attorney to advocate for them, especially if restraining orders are necessary.
Suppose there were issues of infidelity or distrust in a marriage, where one spouse still harbors bitterness about what led to the breakdown of the union. In that case, they may not be diplomatic about their pending divorce. The scorned partner may try to retaliate against their spouse for the pain they endured.
An uncontested divorce requires that both spouses communicate with each other so they can be on the same page with the conditions of their separation. If you can’t stand to be in the same room with your soon-to-be-ex, let alone talk with them, then an uncontested divorce is not the right path for you.