People often think of litigation as a necessary element of any divorce. The courts do need to review and approve every divorce for a marriage to legally end.
However, the intervention of a family law judge to settle disputes is not a universal requirement for divorce. Spouses have the option of working together as part of an uncontested divorce filing. Spouses may spend months negotiating or may even attend mediation to settle their disagreements and file an uncontested divorce.
What benefits make that extra effort potentially worthwhile for those facing divorce?
Uncontested divorces are more private
Spouses who settle their divorce disagreements do not need to make formal disclosures about their finances and family court. They do not need to present evidence about marital misconduct to convince a judge to act. People who settle disagreements through negotiation or mediation can preserve their privacy throughout divorce.
Uncontested divorces are often faster
Waiting for a hearing in court, presenting evidence to a judge and then waiting for a final ruling can add many months to the overall divorce timeline. Couples who settle matters privately can streamline the divorce process.
They spend less time in court, which may also mean that they pay less for the divorce. Couples who successfully settle terms for uncontested divorces also retain control over the final terms instead of waiting for a judge to decide what is appropriate.
Discussing the possibility of an uncontested filing and current divorce concerns with a skilled legal team can help people understand their options. For those who can approach negotiations in good faith, working toward an uncontested divorce filing with the support of an attorney can be a positive way to handle a stressful situation.