Uncontested divorces are generally cheaper and less of a hassle, making them very popular options for couples who are pursuing a divorce. One of the most hotly contested issues in a divorce is child custody, although when an uncontested divorce is pursued both parties must agree on an arrangement. Otherwise, the divorce turns from an uncontested one into a contested one. Lawyers may still be consulted during the divorce process when the other spouse does not contest it, but generally both parties must agree on all issues outlined in the divorce agreement including child custody, child support, visitation rights as well as asset division and other legal matters. The moment that any of these items cannot be agreed upon, the divorce turns contested in which case the Court may ultimately determine the terms of the agreement and child custody.
Whether to pursue a 50/50 child custody arrangement or a 60/40
arrangement or any other division of time spent with the child is
largely up to the parents in an uncontested divorce. Cases of joint
physical custody typically involve an arrangement that has both parents
spending relatively equal amounts of time with the child. In cases of
sole physical custody, the child may live with one parent, but that does
not mean the non-custodial parent is not able to see the child.
Visitation rights (holidays, weekends, etc.) are still involves in many
cases of sole physical custody. Joint legal custody, which means both
parents may make decisions involving the child's health care, religion,
education, etc., may be present even if sole physical custody is
When determining the child custody arrangement while pursuing an
uncontested divorce, it is important that both parties be fair with the
other. Joint custody, whether physical or legal, should only be an
option if both parents provide a safe, nurturing environment for the
child. If this is the case with both parents, finding a way to divide
the time equally will be helpful in the pursuit of a non-disputed
divorce. The parents may also opt for sole physical custody in which one
parent sees the child on weekends and holidays while still pursuing an
uncontested divorce as long as both parties agree to the arrangement.
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