Your marriage has fallen apart and you’re angry – so what’s the point of trying to negotiate your divorce agreement with your spouse? Why not just take everything to court and let the judge sort things out?
That kind of thinking is common among divorcing couples, especially in the early stages of the process when the emotional wounds are still raw and the situation is still new. However, an uncontested divorce (called a “dissolution” in Ohio) has several distinct advantages over a contested – or “litigated” – divorce. Consider these:
It’s usually cheaper and faster to get an uncontested divorce
If you don’t relish the idea of sitting at a mediation table for hours and working through the details of your divorce with your spouse, imagine how much worse it may be if you have to sit through depositions, endure endless motions in court and all the other mechanisms of the judicial process before you get to trial.
In the end, since litigation puts you at the mercy of the court’s schedule, you can end up spending a lot more time in your spouse’s presence than if you agree to negotiate your split. Not only is the uncontested divorce process ultimately likely to be quicker, but it’s probably also going to be cheaper. Given that divorce averages around $10,100 for couples without children and $15,000 for couples with children, it’s important to think in terms of cost-effective solutions.
You retain more control over your situation with an uncontested divorce
When you litigate your divorce, you’re likely to get “cookie-cutter” solutions to whatever unresolved issues you have with your spouse regarding the division of the marital assets and debts, spousal support, child custody and child support.
If you’re looking for customized solutions that will actually fit your family’s needs, you have much more ability to achieve those goals through negotiation with your spouse. There’s far more room for creativity at the negotiation table than there is in the courtroom.
Ultimately, you may find that your desire for an expedient, tailor-made divorce outweighs your negative feelings about your spouse. Talking your situation over with someone who better understands the nuances of the law may help you decide.