Marriage begins as a lifetime commitment, but not all couples stay together. Sometimes, they grow apart over many years. Other times, the bad behavior of one spouse forces the other to reevaluate the relationship.
Divorce may be the best option for those dealing with unhealthy marital circumstances or a spouse who regularly misbehaves. Issues ranging from substance abuse and differences in personal values to adultery may inspire one person to file for divorce.
People often assume that divorce requires litigation. They fear the public exposure and expense involved in a litigated divorce. They may also feel anxious about giving a judge control over their financial circumstances and their relationship with their children. Is litigation always necessary to finalize a divorce?
People must go to court to divorce
Many people assume that litigation is mandatory because divorce is only official after the courts approve the divorce. However, there is no rule requiring that spouses litigate. They can request an uncontested divorce instead. Spouses pursue uncontested divorces by settling their disagreements and asking the courts to approve the terms they reached for property division, custody and other marital matters.
Couples can often request uncontested divorces when they signed a prenuptial agreement before getting married. Some couples intentionally negotiate postnuptial agreements during marital hardship in case they decide to divorce later. Marital agreements make it very simple for spouses to achieve uncontested divorce filings.
Divorcing couples can also negotiate with one another, possibly through their lawyers, to resolve disagreements about the terms of a divorce. Once they understand the basic standards that apply in court, such as equitable property division rules, they can set realistic terms aligned with what might be possible if they go to court.
Some couples even attend mediation to resolve their disagreements about the details of an upcoming divorce. So long as spouses reach an amicable agreement, they can bypass litigation entirely. They still have to file paperwork with the courts to officially divorce.
Divorce filings require the review and approval of a family law judge. However, spouses who pursue uncontested divorces do not have to disclose financial details and embarrassing personal matters in family court.
Understanding that uncontested divorce is an option may inspire people to pursue a cooperative divorce instead of a contentious one. Spouses do not have to spend time and money fighting in court to end a marriage legally.