All divorces come with their fair share of trouble and grief, but an uncontested divorce can make the entire process much easier. In an uncontested divorce, couples negotiate all of the details of their split in private – instead of taking it to litigation and letting a judge make all the hard calls.
Once agreements are made, the court will usually just sign off on the split and make the agreements legal orders. Here’s why an uncontested divorce can benefit you.
It’s typically a lot faster than litigation
If you’re ready to be done with your marriage and on to the next stage of your life, an uncontested divorce will get you there faster than going through litigation. Even if the negotiations drag on a little, that’s nothing compared to how long it can take to get through endless motions for discovery, depositions, hearings and rescheduled court dates.
You have a lot more control over the outcome
When couples work together on things like parenting plans and property division, they can look for creative solutions to problems. Every agreement can be tailored to their unique needs and family preferences, as long as they are within the confines of the law. That can leave both parties feeling happier about the results. If you take your divorce to court, the court is likely to fall back on “cookie-cutter” solutions that leave everybody dissatisfied.
You can develop an amicable co-parenting relationship
Co-parents have to function like a team, even though they’re no longer romantically involved. If you end up going to war with your spouse in the divorce, that’s going to make it very hard to be good co-parents. Going through the negotiations necessary for an uncontested divorce can help you mentally reframe your relationship with your co-parent into something “business-like,” which sets the stage for effective communications down the road where the kids are concerned.
Are uncontested divorces right for everybody? Absolutely not. If your spouse is abusive or there’s an unequal power dynamic, it could be very hard for you to negotiate for what you deserve. If your spouse is trying to drag things out for some reason or hiding their assets, a court can see through their games and move things along. Learning more about your options in divorce can help you decide your best path forward.