About Uncontested Divorce Complications

In an ideal situation, uncontested divorces should be a fairly straightforward process: one spouse petitions for divorce, the other party signs the paperwork, the two parties agree to a settlement, and during the hearing, the court agrees and the judge allows the couple to divorce. In reality, however, even uncontested divorces often involve complications.

Legal Complications

Prior to granting an uncontested divorce, many states require a waiting period. They may also require that a couple seek marital counseling, family counseling, or take parenting classes. In some cases both, parties come to an agreement, but the courts step in and decide that the terms of divorce need to be modified. They may decide that court ordered child support payments or alimony payments are required, even when both parties decide against this. Parents may agree that a child should live with one parent, but the courts believe that the child should live with the other parent. In other cases, the courts might decide that the assets should be split differently. Although these types of events are rare and occur when concerns about a child’s welfare or the welfare or one of the divorcees are raised, they can complicate matters. If you encounter legal complications during an uncontested divorce, it’s a wise idea to hire an experienced family law attorney who can help you navigate the process. 

Personal Complications 

Even if your spouse doesn’t contest a divorce, personal complications can still arise. Perhaps you agree to a divorce because you don’t wish to remain married to someone no longer interested in you, but you’re still deeply in love with your spouse. You can attempt to talk your spouse into counseling, or seek counseling for yourself, but the hurt and pain aren’t going to disappear overnight. Another complication could be in the form of meddling relatives, such as your parents or other family members who don’t believe in divorce. This can create unwanted family conflict, especially if you are close to your former spouse’s relatives, or vice versa.  If children are involved, you may have to answer unwanted questions from your child, and have to pay special attention. Additionally, you may have to introduce your child to daycare, or to a new home, which can cause stress. Although you may be willing divorce your spouse, it doesn’t mean that you two will magically start getting along. If you don’t have children, you may never have to see each other again, but if you do have kids, you’ll still have to interact with your former spouse in these matters. Additionally, if your spouse stops paying alimony or child support, you can seek legal help, but it can take months before the issue is resolved.