All posts tagged Andrew Marshall

Uncontested Divorce

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An uncontested divorce is a relatively quick and easy way of going through divorce proceedings. It is most appropriate, and most commonly the choice of those in circumstances that makes a divorce simpler, with no children and no major assets to split.

An uncontested divorce is not as simple as some think though, and there still needs to be a reason for the divorce. You cant just decide to divorce and that be the end of it. One member of the marriage needs to request the divorce and it needs to fit one of the criteria for a divorce to be granted. These reasons include adultery, unreasonable behaviour, and the couple having been separated for two years or more. For an uncontested divorce to be granted the other person in the marriage (not the one requesting the divorce) must agree and not contest it.

It is still possible to go through an uncontested divorce if the couple share children or other assets such as property; it is just more complicated. This is because in these circumstances disagreements are more likely to occur. If the former couples have children they will have to agree on the specifics of the childrens custody. This will include who they will live with after the divorce and any visitation arrangements for the other parent. Maintenance payments will also need to be agreed. With other assets they will again have to agree on how to move forward. All this means an uncontested divorce is easier for those without children and assets, so it therefore happens less with those couples with much to potentially disagree on.

There are obvious advantages to uncontested divorce. They are much quicker than divorce proceedings that involve disagreements over whether the divorce should take place and related issues. They are easier and less stressful due to the period from start to finish being less, so if the former couple can genuinely agree on all factors it is probably the best option. They also cost less. Proceedings taking place over a long period are obviously going to be more financially taxing. The more complex a divorce is the more it will cost in Family Law Solicitors and court fees. There is still a fee with an uncontested divorce but in total it will be significantly less expensive.

If one partner is contesting the divorce then this type of divorce is not an option. If the two parties are involved in legal wranglings involving children, property and other assets then a quick divorce is likely to be out of the question. When this is the case there can be court cases and a long process will need to be gone through.

In theory an uncontested divorce is the perfect solution as it is quick and easy making it much less stressful. But in reality they are usually not possible. Former couples can be resentful towards each other, especially shortly after deciding, or one party requesting, a divorce. It is therefore hard to agree on everything even if it does make thinks less complex. The couple are often fighting to get everything they can out of the divorce, including money, children and property.

Andrew Marshall (c)

Custody of Children after a Divorce

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Over the course of history women have been given custody of children after a divorce more often than men. This used to be seen almost as an automatic right. This has changed slightly in recent times though, with Fathers given significantly more rights when it comes to looking after children post-divorce. This applies to both custody and visitation rights if their ex-wife has been given custody. A Fathers role in the development of children is taken much more seriously than in previous times. Family Law states that Fathers have equal rights to Mothers and each decision should be made on its specific merits.

Statistics show that women get custody more than men though. What is the reason for this? It could be that there is still some bias towards women by judges, who assume that Mothers make better parents. On the other hand it could just be that Mothers tend to more often be in the position where the children living with them would be more appropriate.

After a divorce there are many factors that are taken into consideration when deciding which parent should get custody of the children. Each parents employment status can be a very important factor. If one parent works full-time and the other doesnt work at all, it may be deemed best that the children live with the parent who does not work. This is because (s)he has more time to be able to devote towards the children. This may be one reason why women gain custody more often than men; it is more common for women to be stay-at-home parents than men, although this is not as common as it once was. A decision is most likely to be based on this reason if the situation was the same when the couple were married, and this parent has spent more time with their children as a consequence. The decision can in some cases be made the other way round, with the parent who does work being deemed to be in a more financially stable situation. This is not always the case because this parent will usually be required to make maintenance payments to help the other parent bring up their children.

The situation each parent finds themselves in and the stability of this situation is also important. This can depends on employment as well as other factors, such as lifestyle. If one parent has medical or psychological problems, then they may not be deemed the best parent to bring up the children. If one parent has re-married it could work either way. It may be seen as a negative to have someone else playing a part in their upbringing so soon after their parents have separated, but it could also be decided that this is a better family environment to bring children up in. A criticism of the system is that too much of the decision comes down to the opinions of a particular judge, and no matter how much Family Law stipulates what should happen, everyone has certain biases.

Andrew Marshall (c)