There are two standard approaches to divorce. Many people associate divorce with litigation. A contested or litigated divorce involves spouses going to court and asking a judge to resolve their conflicts.
The other approach to divorce involves settling outside of court. Spouses can file for uncontested divorces if they reach a mutually acceptable agreement about the division of their property, the need for financial support and the allocation of parental rights and responsibilities.
Particularly when emotions are intense in the early stages of divorce, spouses may question whether making the effort to compromise for an uncontested divorce is the best option. Those who understand the potential benefits of an uncontested divorce could find it easier to commit themselves to the negotiation process.
Lower divorce costs
Divorce can be incredibly expensive. Each spouse generally has to pay for legal representation, and they also have to cover court costs. Litigation drastically increases the average cost of a divorce. Spouses may pay several times more in a litigated divorce scenario as opposed to an uncontested divorce case. Even if outside services are necessary to negotiate a settlement, spouses may pay less for the divorce if they are able to pursue an uncontested filing.
Increased control
The laws that apply in a contested divorce scenario are intentionally broad. Judges interpret child custody, financial support and property division statutes based on their understanding of family circumstances. Even those familiar with court precedents and state statutes have a hard time predicting exactly how the courts may settle disputes in a litigated divorce. When spouses reach their own settlements, they have the opportunity to focus on what matters the most to them and to make compromises in other areas. That control can lead to increased long-term satisfaction with the outcome of the divorce.
Reduced risk of conflict
Litigated divorce is adversarial in nature. Spouses face off against one another. The demands that they make and the accusations they level against one another can do significant damage to the dynamic between the spouses. Particularly if they may see each other again in a professional capacity or due to co-parenting obligations, the conflict of the divorce might make future interactions more hostile. By working cooperatively, spouses can limit the bad blood that develops.
Discussing current goals and marital circumstances with a skilled legal team can help people develop a viable strategy for an upcoming divorce. Many spouses can arrange for an uncontested divorce if they have the right information and support.
