Divorces are a tricky emotional affair, and most of the pain involved in the process comes to trying to settle on a divorce agreement. You and your spouse will need to agree on how to split on assets and on what type of spousal support — if any — will be necessary. If you have children and can’t agree on custody, you’ll need to fight a whole second court battle to determine who gets to keep them.
That said, divorce does not have to be a battle. There are two main types of divorce: contested and uncontested. In an uncontested divorce, both parties agree to the divorce and the terms of the separation. This type of divorce can be officialized without either spouse ever having to spend a day in court.
As for how the terms of the agreement are reached, it depends on the path you choose. In a contested divorce, the terms can be reached through mediation, collaboration, or through litigation. In the last case, the divorce is settled in court with a decision made by a judge. In an uncontested divorce, mediation and collaboration can still be used, or both spouses can simply agree on the terms between themselves and fill the required paperwork on their own. Sites like eDivorce can help you find the proper paperwork to use in your state.