About Uncontested Divorce With Children
Divorce can be a challenging process, and when children are involved, the situation can seem downright impossible. Depending on their ages, children may not understand what’s going on, and may be confused and hurt by the situation. Although uncontested divorces are usually far less acrimonious than contested divorces, there are still aspects to consider when divorcing, especially when children are involved.
Understanding
During an uncontested divorce, both parties agree that they no longer wish to be married, and that no one is at fault for the divorce. This can be beneficial to the children, especially when it demonstrates to them that you and your former spouse can still make decisions together, and that you are willing to compromise for their benefit. However, if you have a reason for obtaining a divorce such as violence or abuse involving yourself or your children, you may decide to seek a contested divorce instead, in order to increase your chances of obtaining sole custody.
Custody & Child Support
In an uncontested divorce involving children, the parents decide who will have physical and legal custody, and whether or not one parent should be obligated to pay child support. In many cases, custody is granted to both parents on a joint basis, but they still need to decide with which parent the children will live and how often the other parent is allowed to visit. Parents may also decide to split time, having the child live with one parent during the week, and another over the weekend, or alternate months. All different types of agreements can be created. Child support is usually awarded to the parent who spends the greatest amount of time and resources caring for the child, and most states have worksheets and guidelines to assist parents in determining the appropriate amount. However, before you are able to legally divorce, most states require that an interview be conducted with each parent separately, to determine whether or not both parents are truly in agreement and if that agreement will benefit the child. If the court determines that the agreement is not in the best interests of the child, then they can present new terms and the parents will have to decide if they agree to them.