Divorce can be a very tense, contentious process. Spouses may disagree about everything from how they divide their resources to the financial support required after the divorce. In scenarios where spouses do not agree on terms for the divorce, they may litigate in family court.
Litigated divorces can take months or possibly more than a year to resolve. The more matters the courts have to review and settle, the longer the divorce may take and the more the spouses may pay in divorce costs. Some couples can minimize their expenses and speed up their divorces by cooperating with one another.
Uncontested divorce filings are often the best possible option available. When can spouses qualify for an uncontested divorce?
When they have a marital agreement
Some people start their marriages with a contract already in place. If the marriage ends due to divorce, the terms of the prenuptial agreement that they previously signed determine how they handle their financial separation from one another.
Couples facing marital challenges or unexpected changes in their finances may agree to negotiate a postnuptial agreement with one another. If spouses have a valid marital contract in place, they can potentially avoid a litigated divorce.
When they negotiate before court
Sometimes, spouses start talking about divorce before either spouse files. In such scenarios, they may be able to resolve their disagreements and proceed with an uncontested divorce filing.
Other times, one spouse may initiate a divorce, but then they work with their spouse to negotiate a settlement. Spouses have to agree on how to divide their property if they do not want a judge to apply community property rules to their assets. They may also have to settle matters related to child custody, which can be a very emotional matter.
Typically, spouses have to have settled all of their major disagreements to be eligible for an uncontested divorce. Provided that they have a contract or negotiate cooperatively with one another, they can set their own terms and minimize the time spent in family court. Learning the basics about divorce statutes can help people if they want to settle divorce issues amicably.
Those considering divorce may need assistance understanding their rights and obligations, especially if the goal is an uncontested divorce filing where the spouses set their own terms. Proper advocacy can make all the difference for those hoping to achieve an uncontested divorce.