Question

My spouse and I have decided to divorce. We have one minor child five years old. In the last five years she has not been in his life much due to being in rehabs and being incarcerated three different occasions with a few months here and therre at home. I thought prison would be a "life changing" experience and all the problems would be gone. She has been home now for six months and things are sliding back the way they were for example money stolen, bad checks written, phone calls from "dealers" wanting money and making threats. We have agreed to divorce. The entire time she was gone I have raised my son myself since eight months old. I cant afford a drawn out legal battle for divorce so it seems the easiest way is to approach a Non-Contested divorce. she has agreed that my son would reside with me but refuses anything but Joint custody. So the question is can a divorce be non contested even if there is a disagreement of type of custody? I desire Sole Legal custody but she refuses. I feel if this was to be heard in court that I would be given what I desire but dont want or can not afford to go the route of a contested divorce. There is no real property and we have agreed on dividing what property we share and who would be responsible for what debts. The only problem is that I feel I would be a bad parent to agree to Joint Custody knowing she could put my son in danger when he is with her. Maybe this is a better question, can you have a non contested divorce and agree on all but custody and let the court decide what is best for the child? I provide all child care, medical, dental, daycare, everything that can be provided comes from dad.