If you and your spouse can agree on all important issues, you should consider having an uncontested divorce.
Unlike a contested divorce, you do not have to involve the court from the onset. You can have a mutual agreement on how to proceed with everything, from child custody to property division. All you will need from the court is to approve the agreement you have come up with.
Why should you consider an uncontested divorce?
An uncontested divorce is cheaper since it does not involve substantial legal fees. You are likely to conclude the divorce process faster since there are no contests pitting you against each other.
An uncontested divorce will also reduce the conflict between the separating spouse, which is good, especially where children are involved. Co-parenting may be easier after an uncontested divorce.
When an uncontested divorce may not work
In some cases, an uncontested divorce is not the best way of handling the situation. This is because either party may get shortchanged or coerced into agreeing to the terms, which could be unfair.
For instance, if there are cases of domestic violence or a situation where one spouse may exert undue influence on the other, an uncontested divorce is not the best way of handling things.
Making the right call
To contest or not to contest? There is no right or wrong answer to this question, as it all depends on the circumstances of your divorce.
If you don’t think you will have a fair outcome with an uncontested divorce, you are better off involving the court in the whole process. The most important thing is that you protect your interests no matter the path you choose to take.