Divorces usually fall into one of two categories. Spouses might go to war with one another in a litigated or contested divorce. They fight over every detail and ask a judge to settle their disagreements.
The alternative is the much calmer but frequently more complex uncontested divorce process. The spouses work with one another to resolve their disagreements. They reach settlements regarding the division of their shared property, the need for financial support and the allocation of parental rights and responsibilities.
Spouses often have to commit to lengthy negotiations or even work with alternative dispute resolution professionals to facilitate an uncontested divorce. That extra effort may seem unnecessary at first, but there are actually many benefits traditionally associated with uncontested divorce filings.
Total control over the process
In a litigated divorce scenario, people have no way of knowing what a judge might ultimately do. Judges have to interpret family circumstances based on the information provided by the spouses. They then apply state statutes to the situation. It can be nearly impossible for people to achieve specific goals in litigated divorces where judges have the final say. In uncontested divorce cases, people have the option of compromising on certain matters to achieve the goals that they deem the most important.
Reduced divorce expenses
The more issues spouses disagree about, the more it may cost them to divorce. Particularly if they end up litigating key issues, they can expect the divorce to cost many times what it might if they file for an uncontested divorce. Generally speaking, the more time spent in court, the more spouses pay for the divorce process. Even if working with outside professionals is necessary to achieve an uncontested divorce, spouses can control their expenses more effectively if they minimize their time in court.
A faster resolution
Litigated divorce proceedings often take more than a year to fully resolve. Simply waiting for a hearing in family court can feel interminable, and then spouses must wait for a judge to review everything and enter their final orders. In scenarios where people want to divorce as quickly as possible, uncontested divorces can help them exit an unhealthy or unsatisfying marriage more quickly than litigated divorces. They simply need to wait for a hearing where a judge approves the terms of the divorce, instead of the extended timeline that applies in a contested or litigated divorce situation.
Learning more about how people approach divorce disagreements can help spouses set appropriate and achievable goals. Trying to work together instead of fighting against each other can often lead to better long-term outcomes during divorce.