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Scott B. Meyer Attorney at Law

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3 common strategies for filing an uncontested divorce

On Behalf of | Oct 21, 2019 | Firm News

An uncontested divorce is arguably the ideal divorce in the perception of most people. Being able to quickly and cleanly sever your legal ties to your spouse without an embarrassing airing of your dirty laundry in court is certainly more private and less expensive than the litigated alternative.

To many people, an uncontested divorce may seem like an unachievable ideal. Perhaps both you and your spouse are passionate individuals who simply can’t agree on anything right now. Maybe you’re highly emotional because your marriage is at an end. These temporary issues don’t mean you have to deal with a long court battle.

The truth is that with the exception of marriages that have serious issues such as a power imbalance or a history of abuse, it is possible to set terms for an amicable divorce. In fact, some people begin planning for an amicable end to their marriage before their marriage even starts. Reviewing the three common strategies that help people file uncontested divorces can help you decide if one of them might work for you.

Prenuptial and postnuptial agreements can make the end very simple

Emotions can cloud your better judgment, and few things are closer to the average person’s heart than their family. Divorce involves ending or at least changing one of the most important relationships in your life, and the emotions that it can stir up may provoke people to act in an uncharacteristic manner.

It is hard to predict how you or your spouse will behave if you divorce, which is why taking care of the details when you are on good terms can make the end of your marriage that much simpler. Agreeing to terms in a prenuptial agreement that protects both of you equally will streamline the process of going through a divorce. As long as you still agree with the terms of the prenuptial agreement, you can file an uncontested divorce while knowing exactly what to expect.

Postnuptial agreements can be a great way for couples to incentivize better behavior after issues with infidelity or substance abuse during a marriage. They can also help couples end their marriage in a quieter manner if they can’t resolve their conflict despite their best efforts.

Mediation is often a viable option for couples who don’t agree on terms

Whether you both want to keep your dog or can’t seem to agree about how to split up custody, you don’t have to inevitably fight over these issues in court. You can discuss your individual perspective and press for the terms that are most important to you in a mediation session. Mediation can help you find practical compromises that you can both accept, allowing you to file an uncontested divorce.

Direct negotiation prior to filing can also work

In some cases, couples only have a few issues on which they don’t currently agree regarding how they want to split their assets or handle the parental rights and responsibilities for their children. Having their attorneys negotiate those terms can help a divorcing couple resolve those remaining issues without court.