Posts Tagged ‘uncontested divorce’

How Does Divorce Mediation Work?

Monday, January 29th, 2018

When a married couple decides that the marriage must come to an end, they are not always destined to end up battling it out in front of a judge, with attorneys at their sides. An increasingly popular alternative is mediation, both because it is far less expensive than a litigated divorce, and it is often much quicker because you aren’t waiting for court dates that are spaced out by months.

Mediation differs from a traditional divorce in court because instead of a judge having the final rule on the issues at hand, the two spouses are the ones that cooperatively come to an agreement on how assets will be divided, child custody and visitation, etc. This gives more power and control to both parties, and no one feels as if their voice and interests were not accounted for or set aside.

The role of the mediator is not to be the final arbitrator, but rather to facilitate the conversation and guide it to a final resolution. Another aspect of mediation that differs from litigated divorce is that the spouses represent their own interests, and try to work amicably with each other, instead of relying on (and paying) attorneys to communicate these interests to one another and the court on behalf of the couple.

Sometimes the agreements come easily, as the two spouses already see eye-to-eye on some of the issues. For instance, if both can agree that one should retain and live in the marital household, then there is nothing more to discuss, and that issue is solved within an hour! However, other issues, like child custody, may not be so easily resolved.  Here, the mediator can help keep emotions out of the decision process by keeping the group focused on the topic and intervening when the conversation stalls.

What You Need To Know About Uncontested Divorce

Monday, December 5th, 2016

Contrary to what many of us see in movies, or read about in papers and books, not all divorces are long, drawn out battles that go on in front of a judge, with the spouses dueling it out via lawyers and litigation. The term used for this type of separation is called an uncontested divorce, and it is pretty self-explanatory.

An uncontested divorce is when the two parties have no disagreements over any of the financial issues that are worked out during an average divorce process. In addition, there should be no disputes over other divorce-related issues as well. These include things like child custody, child support, the division of any marital property that may exist, and spousal support. There is another way that an uncontested divorce can happen, and that is if one of the spouses, or parties, fails to show up in the initial trial, known as the divorce action.

Although an uncontested divorce is ideal, and the way most divorces actually go, don’t assume that your spouse will be so willing. Although it is the least expensive way to get divorced, most spouses are very stubborn in terms of what they think they are entitled to, and what they want from the divorce. In this case, quite obviously, they will be contesting the divorce, at which point it will go to trial and proceed to the divorce process.

The benefit of an uncontested divorce is that it saves everyone a lot of money, and is usually quick and painless. This is especially true if there are kids involved, as a lengthy and angry divorce process can have lasting and damaging effects on the children, not to mention the emotional and mental toll it will take on you and your former partner. Of course, if you are presented with the divorce papers, it would be best to consult with an uncontested divorce attorney before agreeing, as they can help you understand what you might be giving up that you are actually entitled to.