The Benefits Of Choosing Uncontested Divorce For Families

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The Benefits Of Choosing Uncontested Divorce For Families

Making the decision to divorce is not an easy one, especially if you and your partner have children together. The process of divorce creates a physical and emotional divide between your family and can have a significant impact on the well-being of your co-parent and your children as well as yourself. That is why uncontested divorce can prove to be extremely beneficial for your family.

Uncontested divorce is for couples who are able to work collaboratively to set the terms of their separation. This means you must agree on all divorce-related matters, which in turn can provide you with a peaceful divorce process, making a difficult transition a lot easier to get through. In this blog we will discuss the various benefits that uncontested divorce can offer you and your family.

Let us dive in!

1. Streamlined Process

If you and your spouse do not wish to spend months or longer battling in court, choosing an uncontested divorce means that you could skip out on being in court altogether, streamlining the process and saving you a significant amount of time. Divorce can be complicated, stressful and emotionally charged, so it is not something you want to dwell on. When you pursue an uncontested divorce, you do not have to! The process takes anywhere from 4 weeks to 6 months (our firm actually got one done in a record two days!), which is way quicker than a contested divorce, which typically takes from 9 months to three years.

2. Minimized Conflict

When you think of a traditional divorce, you probably envision fighting and yelling over who gets the house, the kids, and maybe even the dog. In an uncontested divorce, you and your spouse have the opportunity to find amicable resolutions and minimize the conflict that can typically accompany divorce.

That being said, even uncontested divorces can bring up tension at times. While that is completely normal, it is in your best interest to work with a knowledgeable divorce attorney who can assist you in separating your emotions from the facts of your case, helping you remain level-headed so that you can make informed decisions about your future.

Choosing a method of divorce that minimizes the potential for feuds and conflict could not only be better for your mental and emotional health, but it may also be for your children as well. It could be challenging for children to adjust to the idea of their parents no longer being together. Focusing on creating the best possible arrangement for your family moving forward rather than having it out in court can show your children that their well-being is your top-priority, even in the midst of such a significant change.

3. Co-Parenting Cooperation

Another benefit of uncontested divorce is the opportunity it provides for co-parenting cooperation, both now and in the future. Often in a traditional divorce, co-parents have spent so much time fighting and resenting each other, their co-parenting abilities post-divorce become fractured. When you cannot stand to be around or even speak to your co-parent, the kids may be the ones who suffer as a result. Having a civil relationship with your co-parent can actually foster a better one with your children! Together you can set ground rules for them that are applicable in both you and your co-parent’s home, establishing consistency in your co-parenting styles and creating a more stable environment for your children during and after divorce.

4. Privacy And Confidentiality

Another benefit of choosing uncontested divorce is the privacy and confidentiality it can offer your family. In Florida, divorce records are available to the public. However, if you get an uncontested divorce, the documents you file with the court clerk only disclose a small portion of information. Divorce is hard enough without the general public, friends, family, or neighbors having the ability to know your business. This shield of privacy could be better for your children as it allows them to navigate the changes in their family structure without unnecessary external scrutiny.

5. Empowerment Through Decision-Making

One of the greatest advantages of uncontested divorce is perhaps the empowerment it can provide you and your co-parent, putting the decision-making abilities in your hands. In a contested divorce, the judge hears two sides of one story and ultimately has the final say in the court orders. While this may work out in some people’s favor, it is not always the best-case scenario, especially with children involved.

In an uncontested divorce, you and your spouse are the ones to make the decisions when it comes to your kids. This is the best case scenario as no one knows your children like you and their other parent do. A judge who does not know them or understand their needs might make the wrong decision for your children’s future. Uncontested divorce cuts the middleman out altogether, putting the responsibility and control in your hands.

6. Focus On Emotional Well-Being

Studies show that divorce and separation is associated with an increased risk of child and adolescent adjustment and mental health problems, like academic issues, behavioral problems, depression, anxiety, and more. However, staying in an unhappy marriage for the sake of your children is not any better. In fact, long-term, it could be more harmful for children to live in a household where their parents are constantly arguing.

That being said, when it comes to divorce there is no “ideal situation”, but uncontested divorce can be the most beneficial to your family as it may offer a civil environment, encourage collaboration, and is easier on your mental and emotional well-being, in addition to your children’s as well.

How Divorce & Mediation Law Firm Ι Cabanas Law Firm Can Help You

Life is too short to be in the wrong relationship. If you know it is time to divorce and are considering your options, the divorce attorneys at Divorce & Mediation Law Firm Ι Cabanas Law Firm can explain your available options and advise you on which method of divorce is best suited to your needs. If you have children, we can guide you through the process of creating a custody (time-sharing) arrangement, obtaining child support, paternity, and more.

We know how sensitive divorce matters can be, but there is light at the end of the tunnel! Call Divorce & Mediation Law Firm Ι Cabanas Law Firm today for your free 15 minute case evaluation and learn about your next steps.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Divorce & Mediation Law Firm | Cabanas Law Firm
18503 Pines Blvd, Suite 301
Pembroke Pines, FL 33029
(954) 447-2580


Sergio Cabanas, Esq. founded the Cabanas Law Firm in 2006 and provides Divorce and Family legal services, as well as Estate Planning, to ensure his clients have planned for their newly single life and are protected after their divorce. He began his career in law in 1992 as a prosecuting attorney at the Broward County State Attorney’s Office, then continued his litigation track as an insurance defense attorney defending medical professionals against medical malpractice claims and expanded into disability and life insurance claims. Sergio is a Certified Mediator registered in the Supreme Court of Florida and a frequent speaker in the community about the importance of Estate Planning to keep families out of probate court and to prepare essential instructions in the event of disability or incapacity.