People generally think of divorce as a contentious process. Many couples have to litigate or take the matter to family court and have a judge settle their disagreements. However, litigated divorces are not the only option available.
People can also file uncontested divorces. In an uncontested divorce scenario, spouses negotiate with each other, possibly through their attorneys, to resolve their disputes about divorce terms. They can establish their own terms for property division and child custody, if necessary.
What are the benefits of an uncontested divorce that motivate many people to work so hard before they go to family court?
Reduced divorce expenses
A litigated divorce can quickly become incredibly expensive. Time in court is costly and can drive up the total expense incurred substantially. The more issues people have to present to the courts and the more complex their situation is, the more it may cost to finalize a litigated divorce. Uncontested divorces tend to be far cheaper because they require minimal time in court. People looking to control divorce expenses may benefit from putting an effort before the matter goes to court.
Reduced conflict between spouses
An acrimonious, litigated divorce can make a strained spousal relationship even worse. People sometimes employ scorched earth tactics that make it impossible to amicably interact with one another after a contested divorce. Negotiating and cooperating require a very different approach. Particularly in scenarios where people may work together or share children, trying to limit the level of conflict throughout the divorce process can be beneficial for everyone involved.
Enhanced privacy
People tend to air their dirty laundry in court during litigated divorces. They make accusations about one another and have to make in-depth disclosures about their finances. In uncontested divorce cases, less information requires court scrutiny, which means that couples enjoy more privacy. Particularly in cases where divorce is a result of misconduct such as adultery or substance abuse, people may have a strong motivation to keep the matter as private as possible.
Finding ways to work together to pursue an uncontested divorce is often a better option for people in certain circumstances than litigating their divorces. An uncontested divorce could potentially be an option even in cases where spouses disagree about terms initially.