People preparing for divorce proceedings generally have two options. The first is to battle with one another. They can fight with one another and turn to a family law judge for support. Contested or litigated divorces are relatively common. However, they can take months or longer than a year to resolve. They can also become incredibly expensive.
The other option for divorce is an uncontested filing. Spouses settle matters on their own and present their proposed terms to the courts. Judges review and finalize their divorce filings. They convert proposed terms into custody and property division orders.
Uncontested divorces are typically faster and more cost-effective than litigated divorces. The basic requirements of an uncontested divorce include agreeing on all of the relevant terms. How can spouses settle on mutually beneficial terms for their divorce?
1. By negotiating a marital agreement
The spouses may have signed a prenuptial agreement before they married. They might also agree to negotiate a postnuptial agreement when divorce seems likely.
In either case, the terms outlined in the marital agreement can dictate what occurs during the divorce. Marital agreements often make it much easier for spouses to settle the various issues that arise during divorce.
2. By attending divorce mediation
Having a judge settle disagreements isn’t the only option available. Spouses can also commit to alternative dispute resolution, such as mediation.
Mediation involves working in a confidential environment with a neutral professional to resolve disagreements. Mediation can help spouses iron out their disagreements and set clear terms that they both agree are appropriate.
3. By committing to collaboration
Spouses who don’t have an agreement in place when they decide to divorce can still commit to an amicable process. They may agree to complete collaborative divorce proceedings in which they cooperate with one another on all major issues.
Collaborative divorce may involve direct negotiations or possibly mediation sessions. Spouses who find ways to settle their disagreements can retain control over the divorce process. They may enjoy a private and more cost-effective divorce.
Exploring different approaches to the divorce process can help people plan a path forward during a difficult time. Contentious litigation doesn’t have to be part of the divorce process if spouses can find ways to cooperate with one another.