Divorce litigation is sometimes necessary. In cases involving financial misconduct or one spouse approaching negotiations in bad faith, the only way to resolve disagreements about property division and other key components of the divorce may be relying on a judge to apply state law.
However, most spouses do not truly require litigation to complete a divorce successfully. Many couples can reach an amicable arrangement for property division, financial support and child custody with enough effort. While achieving an uncontested divorce does require commitment and compromise from both spouses, many couples find the benefits of uncontested divorce to be well worth the effort involved in resolving their disagreements.
What are the potential benefits of uncontested divorce?
Spouses who file uncontested divorces leave nothing to the discretion of a judge. They have total control over their custody arrangements and the division of their property. Their out-of-court settlement also protects them from the forced financial disclosure that occurs during the discovery process of a divorce.
By reaching their own economic arrangements, spouses can avoid the legal requirements to submit inventories of their assets and debts to the courts as part of the divorce process. They can also make the entire process simpler and more accessible.
The overall level of conflict may be lower as they try to work with each other instead of fighting against one another, which can be valuable for those with years of co-parenting ahead of them. The uncontested divorce process also tends to be faster and therefore less costly than litigated divorce proceedings.
While reaching terms for an uncontested divorce often requires weeks of effort, many spouses ultimately find that it is worth the effort. Reviewing current disputes and other details about a divorce with a skilled legal team can help people determine if an uncontested divorce is possible and what compromises might be necessary to achieve it.