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Advantages and disadvantages of an uncontested divorce

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Some Michigan couples who are considering a divorce might wonder if they can get one that is uncontested. If the couple does not have a complicated situation regarding property division and child custody and can agree on these issues, an uncontested divorce may be possible. There is generally less paperwork in an uncontested divorce. If a party does not respond to the filing of an uncontested divorce, the divorce will be granted. However, if one spouse disagrees with an uncontested divorce, it cannot go forward.

There are a number of advantages to an uncontested divorce. Generally, it is less expensive and quicker. It may also reduce the likelihood of conflict. Finally, it may provide for more privacy. In a divorce, the information submitted is a matter of public record. In an uncontested divorce, it may not be necessary to submit as much information.

However, there may also be some disadvantages for people who need complex custody arrangements or who have issues with spousal or child support. An uncontested divorce may also be inappropriate in a high-asset divorce.

Even in an uncontested divorce, the decisions made by a couple must not violate state law and must be approved by a judge. If a case does go to litigation, a judge will attempt to make a fair decision about property division and custody. Decisions about child custody will be made with the best interests of the child as the guiding principle. This means the judge will take factors into account such as the child's relationship with both parents, how much stability each parent can provide and which parent has been the main caregiver. Even if parents have disagreements, they should make an effort to protect their children from any conflict.

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