Couples often have to litigate their divorces, but a court battle isn’t the only way to end your marriage. If you can negotiate through your attorneys, during a counseling session or in mediation, you may not have to ask the courts to set any terms for you at all. Instead, you can potentially file for an uncontested divorce.
As the name implies, an uncontested divorce involves spouses agreeing on the details of their divorce and working together when they approach the court instead of fighting one another. There are three primary benefits that you could receive from an uncontested filing.
- An uncontested divorce lets you set the priorities
The family court judge presiding over your divorce will do their best to apply state law to your circumstances.
When you file an uncontested divorce, you can set terms that protect certain property. You have total control over the ultimate division of your assets and parenting time, which is not true when a judge makes those decisions for you.
- You can save time and money if you file an uncontested divorce
Divorce is expensive, but your approach to it will increase or decrease the financial impact of the end of your marriage. If you want to reduce how much your divorce costs, finding a way to resolve it outside of the courts could help you save up to two-thirds of the average expense involved.
The average divorce in 2020 cost $12,900, but an uncontested divorce will cost, on average, closer to $4,100.
- You can make the entire process easier for your children
Custody hearings and intense litigation can make divorce harder on children. When you and your ex resolve your issues outside of court and work with one another, your children won’t have to witness as much fighting.
A mutually agreeable divorce could also mean that you won’t have as many conflicts with your ex in the future when you co-parent. Additionally, your children won’t have to make any official statement about their custody preferences if you settle things outside of court.
Although it can take some work to set the terms for an uncontested divorce, everyone in your family will benefit if you prioritize working together instead of fighting against each other.