One of the most anxiety-inducing aspects of divorce is the idea that a judge, largely unfamiliar with a family’s unique circumstances, will be the one who decides everything from where someone’s children live to how much time they spend with each parent. Parents usually want to spend as much time as possible with their children and won’t want a stranger to determine when they see their kids.
In a contested North Dakota divorce, however, judicial intervention becomes unavoidable if parents can’t reach an agreement on the terms of the arrangement outside of court. Each adult will present their side of the situation to the courts and then wait for a judge to review their circumstances. There may even be a guardian ad litem speaking on behalf of the children in highly-contentious legal cases involving parental responsibilities.
Obviously, it can be a very frightening experience to give up control over everything from what property someone owns to how much time they get to spend with their children. Thankfully, despite what people often believe to be true about divorce proceedings in North Dakota, spouses preparing for divorce do have a way to maintain control over the process.
Spouses can set their own terms
Individuals filing for divorce in North Dakota can employ one of two approaches. Contested or litigated divorces can be a viable option for those with intense disagreements about what should happen with their property or their custody. Still, even those who currently disagree can take control of the process by working together to pursue an uncontested divorce filing. North Dakota spouses can set their own terms for the division of parenting time and the separation of their financial resources in an uncontested filing. Couples may engage in lengthy negotiations or even mediation to work through their disagreements.
Provided that both spouses agree on all of the major issues, an uncontested divorce can be a fast and much more amicable solution for people to utilize when approaching the end of a marriage. Uncontested divorces generally cost less because people require less time in court. The spouses dividing their property or parental responsibilities can often secure specific terms that matter the most to them by making concessions in other areas.
Those who understand that there is more than one approach to the divorce process could potentially make more effective choices when preparing for their martial dissolution.