If you’re like many divorcing couples, you’re looking for a way to end your marriage with minimum drama and expense. In most cases, the way to do so is through an uncontested divorce.
A divorce is contested if the spouses disagree about property division, child custody, spousal support, child support, and other key issues and need to resolve these disagreements through the courts. An uncontested divorce, on the other hand, is one where the spouses have worked out these issues between themselves. A court must then review and approve the divorce settlement agreement before entering a final judgment of divorce.
Mediation is a way to resolve these disagreements proactively, prevent a divorce from becoming contested in the first place, avoid court, and reduce the possibility of future disputes. As such, it’s better to think of it as “mediation for an uncontested divorce” rather than “uncontested divorce vs. mediation.”
An experienced divorce lawyer from Alward Fisher can explain in more detail how this affordable path may be a practical option in your divorce case.
Trying to Avoid a Costly Divorce Battle? Understand Your Options First
There are several ways to avoid high costs, including legal fees, while going through the divorce process, including:
- Mediation, in which a neutral third party helps divorcing spouses negotiate the terms of their divorce outside the courtroom
- Arbitration, in which a neutral third party acts as a private judge and makes binding decisions about disagreements that the spouses couldn’t resolve on their own
- Collaborative divorce, in which divorcing spouses work together alongside hired specialists to resolve disagreements
What Is the Difference Between Uncontested Divorce and Mediation?
Uncontested divorce and mediation are not two distinct processes. You can think of mediation as one means of achieving the end of an uncontested divorce. Mediation is an alternative to litigation in which a neutral third party, called a divorce mediator, helps parties to agree and resolve their differences without making numerous court appearances. The goal is to save the couple from a time-consuming, expensive, and frustrating litigated divorce.
When Is an Uncontested Divorce the Better Option?
Uncontested divorce is simply the process of ending a marriage after the spouses have agreed on all major issues, usually with limited court involvement rather than contested litigation.
It’s the right option if the spouses agree on the major divorce issues that must be resolved without needing to involve the courts. Uncontested divorce is generally cheaper, quicker, and less stressful than a contested divorce, which makes it the better option unless the spouses are really dug in on their positions.
When Can Mediation Help Resolve Divorce Disputes?
Mediation is a type of alternative dispute resolution, or ADR, that can help a divorcing couple reach an agreement, avoid prolonged litigation, and cut down on the time, expense, and emotional strain of a trial. It’s often the right path when spouses are willing to negotiate in good faith, even if they still disagree on a few important issues.
In family law, the mediation process involves hiring a neutral third party called a mediator, who facilitates discussions between the spouses and helps them find common ground and reach a mutual agreement. The mediator does not impose a binding decision, or judgment. If the parties reach a settlement, their agreement can be put in writing, submitted to the court, and incorporated into the final judgment of divorce.
This cost-effective process can encourage spouses to compromise, reach a full agreement, and turn what would otherwise be a contested divorce into an uncontested one.
Mediation vs. Uncontested Divorce: What Is the Right Path for You?
Are you interested in finding out whether mediation can help you pursue an uncontested divorce? If so, contact Alward Fisher to speak with an experienced and knowledgeable Traverse City divorce attorney about whether this path might be right for you. We’ll answer your questions candidly and confidentially.
