One of the most frightening things about divorce is how disempowered individuals become while going through the court system. In order to keep divorces as a fair and reasonable is possible, the judge assigned to your case by the Texas family courts will typically retain all decision-making authority regarding asset division and the division of parental rights and responsibilities.

From a certain perspective, having a neutral third party handling all of the terms may seem reassuring and potentially the best way to ensure a fair outcome. However, in reality, handing over all decision-making authority to a judge means that you have no control over the outcome of your divorce.

That lack of control is why uncontested divorce filings have become increasingly popular in recent years, particularly for high-asset divorces. There are several ways in which you can retain control over the terms set in a divorce.

Sign a prenuptial or postnuptial agreement

Perhaps the most straightforward way in which couples can retain control over decision-making authority is by agreeing to those terms before they ever file for divorce. In the case of prenuptial agreements, a couple that has yet to officially marry can set terms for their divorce at a time when their relationship is healthy and positive.

However, not every couple has the foresight to set such terms during their engagement. After marriage, if you find yourself worrying about what divorce could mean for you and your spouse, clarifying your expectations and the terms for a divorce in a postnuptial agreement may be the best option.

Provided that the terms set in your agreement do not violate Texas law, the courts will typically approve an uncontested divorce filed in compliance with a prenuptial or postnuptial agreement.

Alternative dispute resolution can help when you’re ready to file for divorce

If you didn’t take time to set the terms for an amicable divorce before your marriage took a turn for the worse, you might think that your only option is to go to court and fight.

However, it is still possible for the two of you to set your own terms for the divorce through alternative dispute resolution systems such as arbitration or mediation. By working with your own attorneys and an outside professional, you can find solutions and compromises that will work for your family in the divorce, thereby allowing for a faster and more private uncontested divorce.