Sun. May 26th, 2024

What Are The Disadvantages Of An Uncontested Divorce? 

Ending a marriage is never easy, especially if you have been together for years. There are a lot of emotions involved, both happy, sad, and frustrated. However, the process can become a lot easier if the spouses are civil with each other and agree on certain terms of the divorce. 

When spouses themselves decide how to divide the property and deal with custody and other matters, the process becomes less complex. However, there are certain cases where an uncontested divorce might cost you. It is important to discuss the potential disadvantages with an uncontested divorce attorney Alabama before making a decision. 

Advantages of an uncontested divorce 

  • The terms may not be fair. 

The biggest disadvantage of an uncontested divorce is that you may make a grave mistake without even realizing it. If you have a lack of legal knowledge and have no experience in the field, it is easy to get fooled. 

Your spouse may make you feel like they are just with you, but the terms you agree on might not be fair. Until and unless you are an attorney, you won’t be able to fully understand the scope of the terms and how they may benefit or detriment you. 

  • There is a history of abuse. 

If your relationship is abusive, it probably is not a good idea to get an uncontested divorce. If your spouse has ever harmed you physically or emotionally, tried to take control over your finances, or done anything that indicates a power disparity, you must get an attorney. 

In most abusive relationships, one person exerts control and power over the other in harmful ways. Therefore, they may try to do something similar during the agreement process as well. 

  • There is no discovery process. 

When you and your spouse decide to create an agreement without hiring attorneys, you do not undergo the discovery process. The discovery process is where the parties exchange information and look for evidence to strengthen the claim. When you miss discovery, you could be missing various important information, such as an affair, hidden income or assets, etc. 

  • You cannot talk to your spouse without fighting. 

It is natural to want an uncontested divorce, but it is also important to understand that not all couples are built for one. If you and your spouse cannot speak to each other without fighting and arguing, there is no point in discussing the terms of the divorce. You may keep postponing the discussion due to fights and lengthen the process more than it should be. Hiring an attorney in Alabama can help you manage things quickly.