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3 benefits of resolving disputes for an uncontested divorce

On Behalf of | Feb 2, 2025 | Divorce

People preparing for divorce often expect litigation. While all divorce cases do technically have to pass through the family courts, there is no rule that says spouses have to fight one another in court. They always have the option of cooperating with one another by settling their disagreements in advance.

Some spouses achieve an uncontested divorce filing by negotiating prenuptial or postnuptial agreements. They use the terms included in that agreement to guide the process of resolving any outstanding concerns. Spouses who have not already negotiated terms for a divorce can potentially work together to resolve any disagreements before they go to family court.

Some couples spend months delaying a divorce filing in the hopes of moving forward with uncontested divorce proceedings. The benefits they may derive make the effort involved worthwhile. What benefits might inspire spouses to cooperate with one another in pursuit of an uncontested divorce?

1. A faster process

While it can take weeks or months of negotiations to resolve disagreements on various divorce issues, the process of settling is frequently much faster than litigating. It can take months just to secure a hearing in family court. Spouses and their lawyers then have to present evidence to the courts supporting the requests that they make related to property division, the allocation of parental responsibilities and financial support.

For those who don’t want to spend a year or more in legal limbo waiting to ask a judge to settle matters, an uncontested divorce filing may be the best option available. Spouses only need time in court to secure approval of their uncontested filing.

2. Lower overall costs

Every hour spent in family court has a direct impact on the total cost of divorce. Scenarios where spouses litigate often cost multiple times more than divorces where spouses settle with one another. Even if they have to work with outside professionals to resolve disagreements about the upcoming divorce, spouses can expect a more cost-effective process if they are able to file an uncontested divorce.

3. Enhanced privacy and control

In a litigated divorce scenario, spouses rely on a judge to divide their property and debts. They do not get to set terms on their own behalf. It is common for both spouses to feel frustrated and dissatisfied with the outcome of a litigated divorce case.

Those who work together may ultimately feel more satisfied with the terms they set. Spouses can also enjoy enhanced privacy when they resolve custody and property division matters outside of court. They don’t have to make formal disclosures about their finances or discuss embarrassing personal matters to settle their disputes.

Learning about the different approaches to divorce may help people choose the best path forward. Uncontested divorce proceedings are a viable option in many cases.