Disadvantages of An Uncontested Divorce

The disadvantages of the uncontested divorce are as follows:

  1. The terms may not be fair. You may give away too much. You spouse could be asking for too much in spousal or child support, which will diminish your chance of future recovery. The terms may be far worse than what a trial result would yield and the expense delta may be less than you think if you find a good, affordable attorney.

  2. You don’t have discovery. You may be missing critical information – such as evidence of an affair – evidence of hidden income or assets.

  3. Your spouse could move assets or alter conduct or spoil evidence during negotiation. A spouse can move assets until there is a filing. With a filing, a standing order goes into place that provides essentially a lock down on asset transfers. With a filing, you have discovery rights.

  4. Your spouse could be planning a move with the children. If you spouse is planning a move with the children, and is proposing to be the primary custodian, you must use care in agreeing to uncontested terms. If a divorce is filed, at a minimum, your spouse will not be able to leave the jurisdiction of the court with the children until the divorce is final.