To many people, divorce is synonymous with litigation. Spouses who no longer want to remain married often fight intensely over the terms set.
Disputes about property division, financial support and parental responsibilities are common. Many spouses end up litigating their divorces in family court because they disagree about what is fair or necessary. Others choose to pursue uncontested divorces.
What happens in an uncontested divorce scenario?
Spouses settle outside of court
The primary difference between a contested divorce and an uncontested divorce is the agreement between the spouses. Instead of fighting about the terms set, the spouses work cooperatively. They may have already established rules for property division and financial support in a prenuptial or postnuptial agreement. They might allow their lawyers to negotiate reasonable terms. They could also attend mediation as a means of settling their disputes and pursuing an uncontested divorce.
There are many reasons that spouses choose a cooperative approach instead of fighting with one another. Uncontested divorces can be faster and more private because spouses don’t need to air their grievances in family court. The process can also be more cost-effective because the spouses don’t have to pay for litigation. For those who may need to raise children cooperatively, keeping things as amicable as possible can be beneficial for the entire family.
For many spouses, the benefits of an uncontested divorce far outweigh the challenges of working toward an agreement. Those preparing for divorce may need to evaluate their options and learn about the law ahead of time. Pursuing an uncontested divorce can be a smart move for many people.
