Although every divorce is unique, most divorces cleanly fall into one of two categories. Spouses can go to court in pursuit of a contested or litigated divorce. In a contested divorce, spouses who disagree about key details ask a judge to review the situation and enter a ruling based on state law.
Spouses also have the option of cooperating with one another for an uncontested divorce. Uncontested divorces may require weeks or months of negotiations. People preparing for divorce often disagree about what terms are fair and appropriate, even when they want to cooperate.
Although some people convince themselves that the effort involved in an uncontested divorce makes a contested divorce the better option, there are potentially valuable benefits that couples derive from cooperating when they divorce, including the three benefits explained below.
1. Control over the outcome
Couples with valuable assets, such as businesses, real property and retirement accounts, may not want to give up control over the divorce process by having a judge settle their disagreements. Those with young children may also feel strongly about ensuring that they secure specific terms when they divorce. Uncontested divorces put spouses in control by allowing them the final say on all major decisions.
2. Reduced litigation costs
When looking at the average cost of divorce, litigated or contested divorces tend to cost substantially more than uncontested divorces. Time in court is one of the most significant contributing factors to the cost of a contested divorce. Those who settle outside of court can potentially complete the divorce process for a fraction of the total cost of a fully litigated divorce.
3. Reduced conflict
Divorce tends to become quite stressful as conflict levels increase. Spouses may find it difficult to focus on their careers or preserve their other relationships because of how much emotional and mental energy the divorce requires. Additionally, conflict between divorcing spouses can make it very difficult for them to interact with one another in the future, which can be particularly problematic for those with shared children. An uncontested divorce can limit the acrimony between spouses, allowing for a better dynamic in the future.
Pursuing an uncontested divorce requires compromise and careful planning. Spouses also need help ensuring that they act in their own best interests. People hoping to file uncontested divorces may need legal guidance when evaluating their options and working toward agreements with their spouses, and that’s okay.
