Divorce is seldom exactly easy, but taking the uncontested route – as opposed to litigating – can make the process a little bit easier.
An uncontested divorce is one where both parties agree to all the terms of the split, including the division of property, child custody and support. Then, they simply ask a judge to approve the agreement. While litigation does “give you your day in court,” and uncontested divorce is vastly preferred by most people for numerous reasons. These include:
They’re cheaper
Uncontested divorces are generally less expensive than contested divorces because they require less of an attorney’s time and fewer court dates. Given that the average divorce in the U.S. costs somewhere between $15,000 and $20,000, most couples are looking to cut expenses where they can, and it’s a lot cheaper to hash things out over a negotiation table than it is to fight them out in court.
They’re faster
If you want to be done with this chapter of your life and move on, an uncontested divorce will definitely move things along much faster. Litigation puts you at the mercy of the court’s schedule and every motion and filing can delay things even further.
Uncontested divorces can be finalized much more quickly than contested divorces, which can drag on for months or even years.
They allow for more control
When both parties agree on the terms of the divorce, they have more control over the outcome than they would in a litigated divorce, where a judge makes the final decision.
Ultimately, retaining more control over your situation can feel less stressful and contentious – and that can help you and your ex-spouse preserve a good working relationship. This could be particularly important if you have children together.
Is an uncontested divorce right for everyone? Not at all. Divorces that involve abuse, imbalances of power and other situations may be better handled through litigation. Ultimately, the decision to pursue an uncontested divorce or to litigate the divorce will depend on the specific circumstances of the case. You can discuss your options and determine the best course of action with appropriate legal guidance.