Your friends and family members, as well as the information you have learned from this blog, may have convinced you an amicable divorce is the best way to end your marriage. However, you and other Californians should understand that the chances of success with an uncontested divorce depend on numerous factors.
As you may know, your options for an uncontested divorce, including mediation and collaborative law, can have many benefits. These include reducing conflict and being less time-consuming and costly than a litigated divorce. You and your ex may also reach solutions to your disputes that benefit both of you, as well as your children. However, as FindLaw explains, some situations may make an uncontested divorce more difficult. These include the following:
- Domestic violence, alcoholism or drug abuse being present during the marriage
- One or both spouses being unable to cooperate and discuss matters civilly during mediation sessions
- Complex property division or child custody matters that may best be handled by a judge
- One spouse having a significant financial advantage over the other
- One spouse using intimidation and other emotional or verbal tactics to gain an advantage
An amicable divorce may be effective for many couples, but as you can see, it is not possible for everyone. Before you decide which option to take, you should carefully consider your own circumstances and weigh the possibilities of your spouse attempting to make an uncontested divorce more difficult. Since this topic is complex, this post should not replace the advice of a lawyer.