The idea of divorce litigation may seem cathartic to some. They may fantasize about a judge giving them justice in family court. The reality of divorce litigation is often far more banal. Judges don’t take personal stands. Instead, they apply the law according to their understanding of the situation.
People rarely receive the dramatic outcomes they hope for if they proceed with contested divorces. For many couples, settling their divorce outside of court is the best option available. What makes an out-of-court divorce settlement beneficial?
1. A faster divorce timeline
Litigated divorces require more time in family court. Couples may end up waiting for months to have a hearing in front of a judge.
They may wait even after that point for the judge to review the situation and rule on the disputes they present to the court. Couples who settle can significantly speed up the divorce process.
2. Lower divorce costs
As a general rule, the more time couples spend in family court, the more they pay to end their marriage. Couples who settle and file uncontested divorces can finalize their divorces for a fraction of what it costs to litigate a divorce. Even if they have to work with outside professionals to reach a settlement, the spouses can keep their expenses lower by limiting their time in family court.
3. Enhanced privacy
When couples litigate divorce issues, they generally need to provide quite a bit of personal information. From financial disclosures to testimony about marital misconduct, all of that information can become part of the public record. Couples who settle their divorce issues can talk about the matters that are important to them in private settings.
4. Improved control
Even those familiar with the law have a hard time predicting how judges might handle complex divorce issues. The amount of judicial discretion involved in dividing property and settling parenting disputes can make litigated divorces highly unpredictable. Spouses who desire specific terms regarding their parental responsibilities or property are more likely to achieve their desired outcomes if they work cooperatively instead of litigating.
5. Reduced conflict
Spouses can improve their dynamic by working together to settle their divorce disputes. Limiting conflicts can be particularly important in scenarios where people share children. Otherwise, disagreements about divorce matters could worsen the already-damaged dynamic between the spouses. The conflicts that they have with one another might prove traumatizing for their children.
Exploring ways of pursuing an amicable, uncontested divorce can yield many benefits for those ready to end an unhappy marriage. With the right support and mindset, spouses may be able to cooperate during divorce instead of fighting each other.