Some divorces are messy and take months to complete. When spouses cannot agree on the terms of a divorce, they may need to litigate and ask a judge to apply state law to custody, property division and financial support matters.
Many people prefer to keep their marital disputes out of court as much as possible. Uncontested divorces are faster and often cost less than litigated divorces. They can also prove less stressful because spouses work together instead of fighting against one another.
Achieving an uncontested divorce can be quite difficult for those at the point where they want to end a marriage. Yet, it certainly can be done. The following are some of the strategies couples commonly use to settle their disputes when seeking an uncontested divorce.
Collaborative divorce proceedings
Spouses always have the option of working with one another during the divorce process. Collaborative divorce involves signing an agreement to work cooperatively to settle all major matters outside of court. Spouses might have their lawyers negotiate or may pursue other alternative dispute resolution strategies in an attempt to resolve their disagreements about the terms of a divorce. The goal is to resolve everything outside of court.
Divorce mediation
Spouses attempting to collaborate and those hoping to resolve their disputes sometimes realize that they have reached a negotiation impasse. In such scenarios, agreeing to sit down with a mediator can be a wise choice. Divorce mediation involves working with a neutral third-party professional who hears the perspective of each spouse and then facilitates conversations that aim to settle divorce disputes. Mediation can help those who want to work together but have struggled to find ways to compromise with each other.
Postnuptial agreements
Spouses who recognize that divorce is likely can sit down to discuss the matter with one another before either decides to file. They might agree to draft a postnuptial agreement, which is a type of marital contract. In a postnuptial agreement, spouses discuss exactly what might happen if they divorce. Some couples find that negotiating a postnuptial agreement helps them improve the state of their marriages. Many others benefit from marital agreements because they can use them to file for uncontested divorces.
Exploring different solutions for settling disputes between spouses can help people preparing for a pending divorce. Uncontested divorce often requires a little extra effort but can potentially be beneficial for both spouses in the long run.