Most people think of divorce as a court-based process, which does have a basis in reality. Anyone hoping to end a marriage in Pennsylvania will need to go to court. However, it is not actually a requirement that people fight in court or litigate their divorce issues. Spouses always have the option of filing uncontested divorce proceedings after mutually agreeing to the terms of their split. That way, all a judge will need to do is formalize that agreement.
Although it may take quite a bit of effort, possibly even the use of outside services like mediation, to resolve disagreements about property division and child custody, most spouses can eventually negotiate a settlement with the help of their lawyers that they agree is appropriate given their family’s circumstances. Those who understand the benefits of uncontested divorce may have an easier time staying motivated throughout the negotiation or mediation process. These are a few of the benefits that people generally reap during uncontested divorces.
Enhanced privacy
The more that people attempt to address in family court, the more details become part of the public record. Especially when there are disputes about property division for high-asset couples or conflict specifically related to misconduct, like addiction or infidelity, people may want to keep those details out of the public record whenever possible. Uncontested divorces won’t require that spouses present evidence to support their requests in court and can therefore help preserve the privacy of everyone involved.
Reduced conflict
Divorcing spouses often fight against each other in an adversarial process. People can very easily destroy what remains of their relationship with their spouse when they attempt to litigate divorce proceedings. That conflict can be particularly devastating for those who still share minor children and will need to regularly interact with each other to share custody effectively. Working together to resolve outstanding disagreements on custody and property division can help people redevelop better communication skills and minimize the conflict that arises during the divorce proceedings.
Improved control over the outcome
Judges have to make custody decisions that are in the best interest of the children in the family and property division decisions that are fair and reasonable based on the state’s equitable distribution statute. However, what a judge views as appropriate and fair may be very different from what the spouses believe would be the best outcome. Instead of letting a judge decide who stays in the marital home and has more time with the children, spouses have the option of taking control of the process and setting all of their own terms. They can eliminate the uncertainty often associated with divorce and move forward knowing exactly what the future holds.
Although it can require a little extra effort early in the process, pursuing an uncontested divorce often benefits the entire family unit. Recognizing the benefits of uncontested divorce may help people pursue the best solutions available for their household during a challenging transition from married to single life.