Although every divorce is unique, there are usually two main paths that people can follow when they choose to end a marriage. Spouses can reach agreements on the terms of the divorce (called a simple divorce), or they can litigate and take the matter to family court.
If you are ending your marriage in Ontario, you might think that going to court is your best and only option. Perhaps you just cannot agree on anything, or you can’t trust each other. You might not even feel like being in the same room as your soon-to-be-ex-spouse.
However, cooperating with them enough to avoid court has several benefits that can make it a little easier to work together.
1. Reduced overall costs
Litigation is typically the most expensive aspect of any divorce. Court costs and the expense involved in the separate representation of each spouse can lead to contested divorces costing multiple times what uncontested divorces usually cost. Even if spouses have to attend mediation and pay another professional for their services, an uncontested divorce typically costs far less than a litigated one.
2. Reduced spousal conflict
Divorce litigation is an inherently adversarial process. Spouses battle each other in court, fighting for terms they think are appropriate. This can severely damage their dynamic, which can be particularly concerning if they have minor children together. By working together and trying to compromise, spouses can prevent a divorce from further damaging their relationship with each other or adding to the stress their children experience.
3. Control over the outcome
Divorce litigation isn’t just frustrating and contentious. It is also highly unpredictable. Spouses typically do not know exactly how a judge might rule on property division and custody matters. Those who work cooperatively to resolve their disagreements can prioritize the terms that matter the most to them. People can compromise on issues that are not a priority while focusing on other matters they deem important.
Uncontested divorces often require careful planning and proper support but can potentially lead to a better outcome for everyone involved. Choosing to negotiate and cooperate instead of battling with one another can be a viable approach to an upcoming divorce.