To many people, the word divorce is synonymous with family law litigation. They anticipate battling with their spouses in family court. This idea can lead to a very adversarial approach to the divorce process that may unnecessarily complicate matters.
Generally speaking, people divorce because their relationships are not salvageable, but that does not mean they have to employ the most aggressive approach possible during the divorce. Many people preparing for divorce would benefit from a more measured and cooperative approach to the process. Many couples manage to settle divorce issues outside of court and file for uncontested divorces. The following are just some the benefits of settling divorce matters without involving the courts.
Spouses fighting over custody and property division matters often need to present evidence supporting their claims. They might testify about also abuse or drug addiction to convince the courts that the terms they requested are appropriate. Not only can information provided during divorce proceedings become part of the public record, but many people may hear the testimony during the divorce proceedings. Spouses who negotiate directly with one another or resolve conflicts during mediation can address marital misconduct without airing their dirty laundry in public.
If a judge divides marital property or sets custody arrangements for the family, the divorcing couple has to essentially give up control over the outcome of the divorce. Judges can order them to liquidate marital property or enter a highly uneven custody order because of what they understand about the situation. People who settle their divorce disputes outside of court have control over the terms that they set with their spouses and can therefore prioritize obtaining certain terms or concessions that matter the most to them.
The time spent in court is one of the biggest expenses generated during divorce proceedings. People who settle matters outside of court can limit how much it costs to end their marriages. In fact, even if they have to work with another professional, like a mediator, the total cost could still potentially be far lower than the cost of a litigated divorce.
Those with children may find that they have an easier time cooperating as co-parents when they don’t employ an adversarial approach to divorce proceedings. They can also shield their children from the intense disputes that often arrives during litigated divorces.
Recognizing the benefits inherent in a more amicable approach to divorce may inspire people to cooperate with their spouses instead of fighting them.