People considering divorce usually have two main options available. They can ask a family law judge to review their circumstances and apply state law. Contested or litigated divorces require that the spouses provide evidence supporting their claims about marital circumstances and allow a judge to decide what is fair given their unique situation. Many people do not like waiting for a hearing in family court or giving up authority to a judge. They have the option of pursuing an uncontested divorce.
What makes an uncontested divorce distinct from a litigated one?
Spouses have total control
In theory, spouses can set just about any terms that they agree on in an uncontested divorce. They can deviate substantially from what the courts might order in a contested or litigated divorce case. When there are unusual and valuable assets to address or special parenting concerns, having the ability to set the terms for property division or custody can make all the difference for the family.
Preparing for divorce can take longer
Some couples have already signed prenuptial or postnuptial agreements. They may have a relatively easy time preparing for an uncontested divorce. Others have not previously addressed the details of a potential divorce and must do so before they go to family court.
Spouses sometimes need to negotiate at length with one another to settle their disagreements. They might even require the services of outside professionals, such as parenting coordinators, to resolve disputes about the details of their settlement.
Uncontested divorces have the potential to be faster and less contentious than litigated divorces. Spouses who can settle their disagreements cooperatively can avoid the conflict and stress of a contested divorce.