Every divorce is unique, as what happens is a reflection of one’s family circumstances. Still, it is possible to classify divorces into two primary categories. Some couples file a contested divorce, which is what most people imagine when discussing divorce.
Contested or litigated divorce largely takes place in court. Both spouses present evidence and then have a judge determine what should happen next. Uncontested divorces occur through mutual agreement between the spouses. They decide on their own how to divide their property and share responsibility for or time with their children. There are many reasons for divorcing spouses to put in the effort to achieve an uncontested divorce filing, including the three common reasons below.
Uncontested divorces often cost less
There’s little question that divorce can be an expensive process. However, the choices of the people divorcing can either increase or decrease the expense generated by a Tennessee divorce. The more time that people spend in the Tennessee family courts, the more they will likely pay for the divorce. Those hoping to control divorce costs will often find that an uncontested divorce filing is less expensive even if they need to work with a mediator or other third-party professional.
Uncontested divorces are more private
Divorce can be stressful in no small part because of how people must discuss things issues ranging from infidelity and abuse to financial struggles in open court. The details of what people discuss will often become part of the public record. Those hoping to preserve their privacy may want to pursue an uncontested divorce. Only the details released to the courts might become part of the public records. The information shared during negotiation or mediation can remain confidential.
Uncontested divorces minimize conflict
While people would usually prefer a clean break when preparing for divorce, that is not always a realistic expectation. Those with young children or complex shared assets, like business investments, may need to maintain a co-parenting or professional relationship after the divorce. Uncontested divorces help reduce the long-term damage that divorce proceedings cause for the spouses. They may have an easier time cooperating with one another after the divorce if they work together during the divorce.
Understanding why many people prefer uncontested divorces can help individuals plan for how they may ultimately want to approach their own divorce process.