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Could you and your spouse agree to an uncontested divorce?

| Jun 10, 2020 | Divorce |

In the minds of many people, divorce conjures images of couples battling in court over each of their assets and parenting time with their kids. While many divorcing couples choose to litigate the proceedings and have the court make determinations in a contested divorce, that doesn’t mean that litigation is the only option for ending your marriage.

A protracted court battle isn’t the only way to get a divorce. In fact, it’s often not even the best option. If you and your spouse are able to agree on certain things, you can potentially file for an uncontested divorce in Indiana.

How does uncontested divorce work?

In an uncontested divorce, you and your spouse make your own arrangements for the division of your assets and the custody of any children that you share. In other words, you have to find a way to agree with your ex on some important issues.

If you have a prenuptial or postnuptial agreement, that document can potentially guide you through setting the terms for an uncontested divorce. If you don’t, you or your attorneys may be able to work together to create a viable agreement. Collaborative law is a popular alternative option that involves working together, rather than fighting.

Barring that, or in a situation where one spouse doesn’t agree with the suggested terms, mediation or arbitration can be a way for couples to discuss their differing viewpoints and desires and arrive at mutually agreeable solutions. Working with a neutral third party and your own attorneys will help ensure that the process is as fair as possible for everyone involved and that bias won’t impact the negotiations.

Uncontested divorces offer a lot of benefits. You can reduce the amount of time it takes to get divorced and how much your divorce costs. You can also reduce the amount of stress that the end of your marriage causes for you, your ex and your kids. Uncontested divorce also gives you the option of creating customized solutions, allowing you to get as creative as you need to address custody and asset division issues in a way that works for everyone in your family.