Spouses can either settle their divorces or litigate them in family court. Many people imagine that a contested divorce where a judge settles their disagreements might give them a sense of vindication or justice, especially in scenarios where marriages fail due to the bad behavior of one spouse. However, even in cases involving misconduct, many people eventually realize that settling divorce disagreements is a better solution than going to court.
Why do many people work so hard to resolve divorce disputes outside of court?
1. Protecting their privacy
Litigated divorces force spouses to present evidence about finances, family disputes and marital misconduct. Their children and anyone else who attends family court hearings or requests court transcripts can potentially learn about the details of the marriage and divorce. When spouses settle, only the terms of their final agreement are usually part of the public record, which protects their privacy.
2. Reducing conflict
Divorce litigation is a contentious process that puts spouses against one another. Working to settle disputes for an uncontested filing requires cooperation and open communication. Particularly for parents who may share custody later, working together instead of fighting against one another may be the better approach to divorce.
3. Expediting the divorce process
Divorces can take more than a year to finalize in contested cases. The more issues that spouses must present to a judge and the more complex their disagreements are, the longer the turnaround time between court hearings and the final court orders. Spouses who settle can speed up the divorce process, allowing them to move on more quickly than they could if they litigated.
Even in an uncontested divorce scenario, spouses may need legal guidance and representation. Having the support of an attorney can help spouses understand the law and work effectively toward an amicable, uncontested filing.