Filing for an uncontested divorce gives you and your spouse near-complete control over the terms of the divorce. You’re able to negotiate and come to agreements that fit your needs regardless of whether those agreements are the same as ones the court would recommend. But filing for an uncontested divorce, even with the help of an experienced Virginia uncontested divorce attorney, isn’t without its challenges. Here are some of the main roadblocks couples face as they start their uncontested divorce journey.
Potential for Unfair Negotiations
Unless both parties are completely on the same page about their finances and assets, it can be difficult to ensure that negotiations are fair and equitable. In uncontested divorces, it’s up to you and your spouse to reach an agreement. If you or your spouse has a deeper understanding of your joint financial situation, there’s a chance that the terms you push for may not be fair.
If you’re not comfortable with your understanding of your finances and don’t trust your spouse to be completely honest about the assets acquired during your marriage, filing for a traditional divorce may be a better option. Traditional divorces give the court the authority to determine how your assets are divided. They’ll flow the law and distribute assets in a way that’s fair to you and your spouse.
Overlooking Key Divorce Terms
In Virginia, you’re not required to work with an uncontested divorce attorney when you file. This puts you at risk of overlooking key terms of your divorce even when you and your spouse are on the same page. Overlooking terms like how you’ll manage certain marital debts, how retirement accounts get divided, and other similar provisions means you may end up delaying your divorce settlement. Your uncontested divorce attorney will help you make sure everything is planned for and accounted for.
Communication Breakdowns
You’re getting divorced for a reason, and it’s normal for communication with your spouse to become strained during the process. Unfortunately, uncontested divorces rely on spouses communicating clearly and being willing to negotiate the terms of their divorces in a civil manner.
If you find yourself getting heated when talking to your spouse, try to take a step back. Separate yourself from the situation. Or schedule a consultation with your Virginia uncontested divorce attorney and let them act as a mediator. They’ll help you keep communications flowing so you and your spouse can stay on track.
Difficulty Navigating Financial Decisions
Even when you and your spouse agree on most of the terms, figuring out how to handle your finances can be tough. It’s not just about splitting the cash in joint accounts. It’s about setting fair terms for handling all of your assets and debts. If you and your spouse aren’t certain of how you want these decisions handled, it can be tough to reach an agreement during the negotiation stage. That’s where your attorney can help. They’ll evaluate your finances and help you decide on the best terms for your situation so you can work with your spouse to reach a fair agreement.
Trouble Setting Fair Custody Agreements
In traditional divorces, the court often determines custody agreements. They consider each parent’s preferences, their ability to care for the child, and what’s in the child’s best interest. Trying to make those decisions on your own isn’t always easy. Both you and your spouse may end up arguing for what you want without considering how your decision will impact your child or your co-parent. Your attorney can help you figure out what a fair custody agreement looks like so you, your spouse, and your child can be as happy as possible with the arrangement.
Schedule a Consultation Today
Though uncontested divorces put the power in your hands, it’s still a good idea to work with an experienced Virginia uncontested divorce attorney from the very beginning. AC Rieman is here to help. Contact us today to schedule a free consultation.