Sometimes, divorcing spouses become so embroiled in conflict with one another that the only path forward requires litigation in family court where a judge interprets the law on their behalf.

Other times, there may be opportunities for spouses in Arizona to resolve their disagreements and reach an amicable outcome to their divorce proceedings. Some couples negotiate through their lawyers for months. Others bring in an outside professional to assist them with mediation.

What reasons do many couples have for investing so much effort into achieving an uncontested divorce?

The need for specific terms

Maybe the divorcing couple has a special needs child, and there are certain custody terms on which they absolutely cannot compromise. Perhaps they own a small business together, which affects property division matters. When there are custody, support or property division matters that require specific terms, an uncontested divorce is the only way to ensure that the spouses obtain the outcome they require. Otherwise, much is left to a judge’s discretion, and the judge may not reach the same conclusion that the spouses do about what is reasonable given their circumstances.

A desire to keep costs low

Contested or litigated divorces may require a long wait as people prepare for court. They may then spend multiple days presenting their side of the situation to a judge. The more time people spend in divorce court and the more issues that they ask a judge to settle for them, the more they can anticipate paying for the divorce. Uncontested divorces typically cost significantly less than contested or litigated divorces. The effort necessary to reach a settlement could ultimately return dividends in the form of lower overall court costs.

A goal of minimizing conflict

Litigated divorces are an adversarial process in which two people fight with one another for certain terms. Other members of their inner circle, including their family members, children and coworkers, could end up involved in the conflict in many cases. Particularly when people have children together, the desire to keep conflict as minimal as possible could inspire spouses to pursue an uncontested divorce. The requirement to agree on terms forces them to use a different approach than those litigating. They can diminish the total amount of conflict that they experience and therefore what spills over to affect their loved ones.

Uncontested divorce can also be more private and faster than contested divorce proceedings in many cases. Understanding why some people work so hard to settle divorce disputes proactively might inspire some people to employ that approach in their upcoming divorces.

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