When going through a divorce, you can challenge, or “contest” it. Otherwise, you can agree to it, making the divorce “uncontested.”
A contested divorce goes to court. Sometimes, this is unavoidable. Bitter feelings of betrayal can make it impossible for the spouses to work together, so they allow the law to take over.
We always recommend making divorce decisions together whenever possible. Doing so can have emotional benefits, leaving you feeling less contentious toward one another. The ability to cooperate is helpful when you must co-parent. Making divorce agreements together also gives you authority the divorce, rather than handing those decisions off to someone else.
Here are three different options to consider for your uncontested divorce.
- Work Out Your Agreement Together
Divorcing couples always have the right to make any decisions they please. They can decide on spousal support, property division, child support, child custody, and so on. This is the cheapest option for your divorce, as you will need to pay only court and filing fees.
It is, however, easy to make mistakes when doing everything on your own. Unless you are a legal professional, there might be areas and decisions you neglect to cover.
If you are planning to work out your divorce together, you should at least take your final agreement to an attorney. They can go over your plan and help you fix any errors or add anything you missed.
- Go to Mediation
Mediation is a process where people can meet with a legal professional to hash out a problem, avoiding court. Divorcing couples can use mediation to negotiate, making all the necessary decisions for their divorce together.
Your mediator is neutral. In essence, they work for both of you. They don’t want one spouse to have the advantage over the other. Their job is to help you communicate with your spouse, voicing your needs and listening to theirs. If an argument occurs, your mediator can help calm everyone down, keeping participants thinking and conversing clearly.
- Have a Collaborative Divorce
Collaborative divorce is a unique experience. In it, both spouses secure a lawyer, but no one is fighting for a “win.” The spouses meet with their attorneys to explain their needs. Then, everyone meets together to help make those needs a reality.
The attorneys are working together, as are the spouses. You can even include outside experts, such as financial advisors and child psychologists. The goal is to make all stakeholders as happy as possible, spouse and children included.
This process can get expensive. It may even rival the cost of a courtroom battle. If you can afford a collaborative divorce, however, you should seriously think about participating in one. Rather than spending large sums of money only to have a court make decisions for you, you can be actively involved in your future.
Our firm is here to help with your uncontested divorce, regardless of which options you choose. For a free consultation, simply fill out our online contact form. You can also call our team at (916) 299-3936.