Although most divorcing couples have disputes over certain issues, these disputes are generally resolved through negotiation between the attorneys and advisement of the court. The majority of divorce cases are ultimately settled by reaching an agreement, principally because taking a divorce case to trial is lengthier and more expensive than an uncontested divorce. Among some of the crucial issues that will need to be settled before a divorce can be granted include the following:
- The division of real estate, personal property, investments and bank accounts;
- Division of debts and liabilities;
- If there are minor children, child custody and visitation arrangements;
- Financial obligations each parent will have to the children; and
- Maintenance obligations, if any, and if so, how much.
If the divorcing parties are unable to reach an agreement, a trial will be held and the judge will make the decisions for them.
Uncontested divorces have the benefit of moving through the courts much faster and being more affordable than divorce litigation.