Although many people think of litigation when they think of divorce, contentious battles in court are not mandatory to legally end an unhappy marriage. Spouses in Pennsylvania can always choose to work with one another in pursuit of an uncontested divorce instead of litigating it.
Uncontested divorces tend to be faster because spouses do not need to wait for an opportunity to present information in front of a judge. Less time in court also frequently means the overall cost of the divorce is lower as well. How do spouses pursue an uncontested divorce?
Settling matters in advance is key
The primary difference between an uncontested divorce and a litigated divorce is that the spouses have already resolved their disputes when a judge reviews the case. Spouses may need to sit down with one another to negotiate or they may ask their lawyers to handle direct negotiations because tension levels are high. In either scenario, the spouses need to settle matters related to things like property division and child custody on their own.
If they reach an agreement, then they can proceed with an uncontested divorce. Choosing not to litigate can limit the damage the divorce causes to a co-parenting relationship. It also gives spouses more control over the terms set. Otherwise, they must defer to a judge’s ruling on parenting matters and property division decisions.
The control and calmness of an uncontested divorce can be beneficial, especially for those with children or assets that require special consideration. Getting experienced legal guidance can help people determine whether an uncontested divorce is the right option for them.