There are some benefits to settling a divorce out of court — including saving money, time, headaches — but did you know that you’re also more likely to be happy with the outcome of your divorce if you have control over its terms? The best way to achieve this is through an uncontested divorce, which takes place outside of divorce or circuit court.
Traditional divorces are also called “contested” divorces in the court system. They involve one spouse filing paperwork, the other spouse submitting a reply, and a court scheduling hearings within the judicial system to decide specific divorce issues.
An uncontested divorce is different. In an uncontested divorce:
- Spouses agree on divorce-related issues such as child support, child custody, etc.
- You retain control of the issues mentioned above
- Both spouses agree to seek a no-fault divorce, and a lawyer can help you submit the required forms to a court
If you’re wondering whether handling your divorce out of court is the best option for you, the following guide may help. Here are five of the benefits clients may enjoy if they avoid divorce court in Virginia.
- You Save Money
- You Avoid Emotional Stress
- Your Future is in Your Hands
- Divorce Court Is Difficult on Children
- You Shorten the Divorce Process
5 Benefits of Avoiding Divorce Court In Virginia
If your relationship with your spouse will allow one, an uncontested divorce is the smoothest way to permanently separate and divide your marital assets. A divorce attorney from a circuit court can help you handle your divorce out of court and save yourself a few headaches, including the following:
1. You Save Money
Divorce can be a costly endeavor no matter the circumstances, so it’s best to avoid expenses when you can. Attorney, court, and filing fees as well as paying for a new space to live can add up very quickly. Most experts don’t advise that someone file for divorce until they have at least three months of living expenses and enough for legal fees saved up, for example.
It’s tough enough for many people to save up months of expenses in advance. Avoiding divorce court helps you keep legal costs and filing fees more manageable.
2. You Avoid Emotional Stress
There are few things more stressful than heading into divorce court. Even under the best of circumstances, you’re signing up to spend chunks of time and money doing something that probably feels a little like pulling teeth.
An uncontested divorce may minimize the emotional impact. In uncontested divorces, spouses can seek separation without the drama and costs of divorce court. You can work together with a lawyer to separate your lives in a way that benefits you both.
3. Your Future is in Your Hands
You have the right to make every decision in your divorce according to state law. In court, you forfeit some of those rights to a judge in most civil cases. Many people don’t even realize this, but an uncontested divorce allows you to remain in control of the decisions concerning your relationship and future life.
Divorce courts are supposed to do their best to ensure that divorces wind up fair for everyone involved. Unfortunately, some people do get caught up in unfair divorces. One easy way to mitigate the risk of it happening to you is to avoid divorce court.
4. Divorce Court Is Difficult on Children
Even the best-executed divorce will have a big impact on children’s lives, because it means their entire family structure changes. Divorce court is one very easy way to make your children’s lives harder, as:
- It’s difficult for kids to spend time wrapped up in court.
- Sometimes children are forced to discuss issues they’d rather not discuss for a final decree of divorce.
- Children already need to deal with the emotions involved in “choosing” between parents, listening to arguing adults, and potentially moving to somewhere new. They don’t need additional stress
If your divorce does escalate to divorce court, find a divorce lawyer who focuses their practice on families with children. Divorce court doesn’t need to be a dramatic or dreadful experience for children. If you have kids, consider working with legal professionals who will place your children first (both in and out of court).
5. You Shorten the Divorce Process
Some divorces drag out for years filled with stress, aggravation, and rising expenses. It’s best to avoid that whenever possible, because a long divorce also means:
- You could miss days of work.
- You may miss out on time with your children.
- You may need to make several trips to your attorney’s office for consultations.
- You are unable to control most of the process.
- The longer your case takes, the higher the attorney’s fees you’ll be paying.
An uncontested divorce may allow you to continue living your life with minimal impact. Couples who pursue uncontested divorces can schedule legal processes on their own terms, freeing up their time for their children, careers, and more.
Divorce Law Services In the Virginia Courts
There are ways to approach divorce court that can help you increase the likelihood of a good experience, but staying out of it with an uncontested divorce could save you time and money. Doing so will also help keep your family’s life more predictable as you acclimate to a new structure. If you are considering a divorce and hope to pursue an uncontested divorce, our team may be able to answer your questions on legal support in a circuit court. Contact the Law Office of Michael Ephraim today for legal advice tailored to your circumstances.