Most divorces fall neatly into one of two categories. Spouses can battle over the terms for their divorces in contested or litigated divorce proceedings. They also have the option of cooperating with one another to pursue an uncontested divorce.
There are many benefits that come with an uncontested divorce. The spouses, rather than state statutes and judges, determine what happens with marital property and custody arrangements for children. Uncontested divorces are often less costly than litigated divorces, as spouses require less time in court. However, achieving an uncontested divorce can feel impossible when spouses have significant disagreements about how to separate their lives.
How can people achieve uncontested divorce filings instead of litigating?
By negotiating a marital agreement
Some couples prepare well in advance for the possibility of a future divorce. They negotiate prenuptial or postnuptial agreements that explain what should happen with their property. The terms that the spouses set by working with one another can then govern their divorce proceedings if the marriage fails. Negotiating those terms can help spouses take stock of their relationship and ensure that they align with one another on their top marital priorities.
By negotiating outside of court
Uncontested divorces are possible even if spouses did not have the foresight to negotiate the marital agreement before the end of the marital relationship. In some cases, spouses can provide guidelines to their lawyers explaining their most pressing concerns during the divorce process. Their lawyers can then negotiate reasonable terms.
Other times, spouses might agree to sit down with one another in a mediation session. It may be more realistic to work cooperatively when there is a neutral party helping facilitate communication and propose arrangements that do not favor either spouse.
Frequently, spouses hoping to settle with one another benefit from learning about the law. That way, they know what is possible if they litigate and when settlement offers might be inappropriate or unfair. Exploring ways to settle disagreements can help spouses control divorce proceedings and limit their expenses.
If spouses cannot work cooperatively, then litigated divorce proceedings are theoretically the only option left. Knowing what it takes to achieve an uncontested divorce can help people set realistic goals near the end of a marriage, no matter how they ultimately end up going their separate ways.