Irreconcilable differences have brought you and your spouse to divorce – so how do you get past those differences in order to have an uncontested divorce?
An “uncontested” divorce is any divorce where the couple involved can manage to agree on all the aspects of their split, from who gets to keep the house (if anybody) and how the debts will be divided to how custody and visitation will work with the kids. When couples can’t agree on one or more terms of their split, the divorce becomes “contested” and has to go through litigation.
When you and your spouse can barely agree to be in the same room together, agreeing to the terms of your divorce can seem like an impossible task – but it’s genuinely worth the effort. Here’s why it can benefit you both to negotiate the terms of your divorce without the court’s intervention:
It’s cheaper
The median cost of a divorce in the United States right now is around $7,000. If you want your divorce expenses to stay on the low end of the spectrum, uncontested is the route to go. When you have to litigate, you can end up spending a lot of money on legal fees and court costs. That ultimately leaves less in the marital pot to divide, so litigation can actually be counterproductive.
It’s faster
If you and your spouse agree that you want to be done with your marriage as quickly as possible, that’s a great starting point. A negotiated divorce agreement only has to be presented to the court for approval. A litigated divorce can drag on for months or years, and is largely dependent upon the court’s schedule.
It’s healthier
The conflict of a litigated divorce can be emotionally devastating – for you and everybody around you. If you’re worried about how your divorce will impact your professional practice, your social relationships or your children, it’s better to avoid litigation. Parents of minor children, in particular, can use the negotiation process of an uncontested divorce to redefine their co-parenting relationship and hone their ability to compromise.
All divorce have their sticking points, but you can often work through them with the right legal guidance.