Uncontested Divorce with Child

Divorce Papers > Child Divorce > Uncontested Divorce with Child

If the partners seeking divorce find the solutions to the important issues pertaining to divorce, without the assistance of the court, then it is a case is of Uncontested Divorce. Some of the important issues are child support, child custody and property distribution. It is advisable that in this sort of divorce also, the partners must procure legal advice from a lawyer regarding 'drafting of orders' and 'final judgment of divorce.'

Children look up to their parents as an example to follow. In case of an uncontested divorce, the parents place a positive example to the children. The parents demonstrate that though their marriage would no longer exist, the parents would be able to collaborate and move forward. As the children feel that there is no conflict between the parents, the children can make smooth adjustment to the changes. The parents prove to the children that they (i.e. the parents) are not focusing on the divorce but on the future of the children.

Procedure of Uncontested Divorce with Child

When children are involved in an uncontested divorce, the court appoints a person to take interviews of the family members. This appointed person conducts interviews and then decides the terms of child support and child custody keeping the best interests of the child in mind. When this step is complete, the partners seeking divorce have the option to accede to these terms and continue with the uncontested divorce.

The other option is that the partners may decide some different terms. However, they need to involve the court to enforce those.

Advantages and Disadvantages of Uncontested Divorce with Child


  • The parents can prove the following point to their children - the parents are able to collaborate with each other, specifically in case of issues related to children. Moreover, in such issues the parents can give priority to the interests of the children
  • Less time is spent with the lawyers and in the courtroom. So, the expenses are reduced
  • There is an opportunity for the parents to sort out the issues in a friendly manner
  • The partners can decide not to involve more people in the discussion. Due to this, the possibility of increase in conflict due to other people is minimized


  • If there are explanatory conditions as mentioned below, then an uncontested divorce is not a good concept. Some examples of such conditions are as follows
    • The children have some illness or disability. Hence, such children need extra care
    • The partners have deep financial ties with one another due to debt or real estate
    • The partners are not successful in solving their disputes in a healthy manner
  • There is a past record of child abuse, domestic abuse or other criminal tendencies

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