People often fear divorce because it can be costly, contentious and lengthy. Divorce litigation can take months, if not more than a year, to finalize. Resolving disagreements in family court can result in unpredictable rulings and higher overall divorce costs.
Spouses may also find that the conflict levels increase as they fight over the details of the divorce, which can make co-parenting more difficult after the divorce. They must give up control over the outcome and wait indefinitely to settle their disagreements.
For many people, an uncontested divorce is the gold standard. They want to resolve everything they can before going to family court to finalize the divorce. Uncontested divorces are typically faster and allow the spouses to better control the terms set for property division and child custody. How can those preparing for divorce achieve an uncontested divorce filing?
By deferring to an agreement
Some people have already paved the way to an uncontested divorce. They may have negotiated a prenuptial agreement before getting married that outlines terms for the divorce.
Other times, those going through difficult changes in their families may negotiate postnuptial agreements. Provided that they are valid and enforceable, marital contracts can make an uncontested divorce an achievable goal.
By negotiating solutions for disputes
Just because spouses disagree about key issues does not mean that litigation is inevitable. They have the opportunity to negotiate with one another and resolve their disagreements.
Some spouses negotiate through their lawyers to limit conflict. They identify their key priorities and ask their attorneys to try to iron out the details. Others might attempt alternative dispute resolution as they prepare for divorce.
They can potentially spend months trying to resolve disagreements about key details of the divorce. So long as the spouses reach an agreement that they both find acceptable, they have the ability to present the court with the terms they established instead of deferring to a judge’s ruling on key matters.
While settling before divorce proceedings may require an investment of time and patience, spouses may be able to enjoy a faster, calmer and less unpredictable divorce if they work cooperatively. Identifying current disagreements and possible solutions can help people improve their chances of divorcing without litigation.