Divorce is very traumatic, whether you’ve been married for one or 50 years.
It can be extremely stressful as you and your spouse separate the assets you accumulated during your marriage. And if you add fighting for custody of the kids, it can be even more exhausting.
Restarting your life is challenging enough. What if there is a way to make the divorce process less taxing?
Well, there is.
You and your spouse don’t have to undergo an arduous legal process.
Have you thought about pursuing an uncontested divorce process?
In this article, we will explore its benefits.
What Is Uncontested Divorce
Did you know the court can formally grant a final divorce decree without going through an adversarial litigation process?
This means there is no fighting among the spouses.
An uncontested divorce typically happens when the parties agree to resolve their issues and work out the terms of their separation.
One of the popular uncontentious options is divorce mediation. It is a voluntary process frequently used by spouses who want to dissolve their marriage amicably.
Divorce mediation allows spouses to plan their separate futures reasonably and rationally. And because it is not contentious, it inspires cordial communication, cooperation, and mutual respect between the parties.
Many divorcing spouses choose this out-of-court option over a litigated process for various reasons.
First, divorce mediation takes less time and is more affordable.
If you consider the length of time that it takes to obtain a divorce decree finally, litigation is way more expensive. With mediation, you and your spouse can freely agree on the terms of your divorce.
Second, there is improved communication between the spouses, which creates an atmosphere of cooperation and amity.
While the spouses don’t need to remain best friends during or after the divorce process, it helps to be civil to each other. This is what divorce mediation seeks to achieve.
With the assistance of a mediator, the spouses can settle the best interest of their family, finances, and future.
Lastly, mediation allows the spouses to make wise and prudent decisions. And it is emotionally protective of their kids.
3 Common Misconceptions About Uncontested Divorce
Uncontested divorce options like mediation are pretty straightforward. The idea is simple. The two parties get together and discuss the terms of the separation before finalizing their divorce.
Yet there are still myths that keep people from resorting to these out-of-court approaches.
Here are five of the most common misconceptions about uncontested divorce.
1. MYTH: These options are available only to people who agree on terms
This is entirely inaccurate.
If this is true, then there is nothing to resolve. There is no need for mediation. The parties can enter into a settlement.
Couples typically divorce because they don’t see eye to eye on certain things. This is precisely the purpose of mediation. So they can reach a mutually agreeable settlement.
The only agreement the spouses need is their consent to mediate.
Some couples mediate angrily; others, calmly. It is the mediator’s job to facilitate a fair and rational discussion. This way, the parties can communicate their issues and negotiate a settlement amicably.
2. MYTH: Mediation is unfair because the spouses don’t use lawyers
First, the spouses cannot bring their respective lawyers during the mediation sessions. However, they can have a mediator who is also a lawyer.
Second, the determination of what is fair or not remains with the court.
While the parties are free to stipulate their final agreement, the judge will ultimately decide if it is fair. The court’s decision rests on several considerations: legality, fairness, and best interest of the parties and their family.
Nevertheless, the parties are free to confer with their counsel to review their settlement agreement before submitting it to the court.
3. MYTH: Mediation strictly follows court procedures and technicalities
On the contrary, the divorce mediator can relax the rules to give the parties the leeway they need to negotiate a settlement.
While maintaining neutrality, the mediator should not hesitate to call out any unacceptable action which can be detrimental to the other spouse’s rights and interests.
The role of the mediator is not to decide on the terms of the agreement. He also does not take sides. Instead, his role is to help the parties communicate their interests and explore reasonable options toward a mutually agreeable settlement.
8 Benefits of Uncontested Divorce
Do you need more clarification about taking on this approach?
These reasons might change your mind and see uncontested divorce as a sensible option.
1. Cost Savings
According to Forbes.com, the average cost of divorce in the U.S. ranges from $15,000 to $20,000. That’s a lot of dough.
But the more complicated contested divorces are even more expensive. Disagreements usually revolve around issues on asset distribution, custody, and support. As a result, it is common for the bill to reach hundreds of thousands.
Cost savings are among the most crucial factors influencing many couples to choose uncontested divorce.
Would you believe this less contentious approach significantly costs less than full-blown litigation?
If the conditions are favorable, the spouses can finalize their settlement in one mediation session. That means reaping the savings.
2. Faster Route to Marriage Dissolution
It is common knowledge that a contested divorce can drag on for years. This is typically the case when the parties cannot resolve their significant issues, leading to many delays in the divorce process.
On the other hand, an uncontested divorce finalizes faster. Where full-blown litigation can take years, this one concludes in a couple of months.
If you want a quicker divorce, you will appreciate the swift and expedited process in an uncontested divorce. You can obtain a final divorce decree, end your marriage, and move on quickly.
3. Avoid Stress
Divorce is troublesome enough. If you and your spouse contest everything, it will only prolong the process and cause undue stress.
Here’s an excellent approach to take if you want to reduce stress. Consider taking the uncontested option.
Notify your spouse that you want to end things quickly by negotiating for a fair and rational settlement.
An uncontested approach also ensures that sensitive details of your marriage will remain private. This is perfect if you or your spouse are worried about leaking your personal information to the public.
4. Control the Outcome
In full-blown litigation, it is the court that will control the divorce process. The judge will call the shots and decide on what he feels is fair and reasonable.
It doesn’t matter if you and your spouse will like the outcome. The judge will not consider your individual and joint interests, goals, or history. Instead, he will issue the final divorce decree based on the laws and evidence presented in court.
You get a better chance of getting what you want in an uncontested divorce.
You and your spouse can agree to the terms because you have control. You can hash out the details and work out a mutual agreement based on your history, interests, and goals.
It is best to negotiate out of court to truly get what you want in your separation. Talk with your spouse and find common ground on the key issues.
5. Maintain Friendly Relations with Your Ex
Part of easing the stress and tension in divorce is having a good relationship with the ex.
Just because you and your spouse are terminating the marriage doesn’t mean you will also end your friendly relations. You can go separate ways yet still maintain cordial communication and cooperation.
Admittedly, your ex will still play a vital role in your life as you raise your children. Knowing that you can still rely on your ex for the interest of your family and future lifts a heavy burden.
6. Easier Experience
Do you want to avoid an extremely complicated divorce?
Contested litigation requires timely filing and response to motions and pleadings. You will also need to prepare for and attend multiple hearings. And there’s also the dreadful discovery process where you must disclose sensitive information and other personal records.
These steps can take a toll on an already stressed out and overwhelmed you.
But you can avoid this process when you choose to go with an uncontested divorce.
Out-of-court approaches like divorce mediation are relatively painless and easy. You and your spouse will reach an agreement and file it with the court. Once your agreement is approved, the court will incorporate the terms in its final divorce decree.
An uncontested divorce is more pleasant and less stressful than a litigated divorce.
7. Easier on the Children
Do you have children?
Save them from the stress and trauma of seeing you and your spouse constantly bickering while working out your divorce. Instead, your children want to see their parents behave cordially toward each other.
This is where an uncontested divorce can help. It makes things move forward without the fighting. After all, you and your spouse need to get along for the sake of your children.
8. A Peaceful Approach to Divorce
There is no need to be antagonistic and hostile. Why bring in negativity when you can avoid it?
An uncontested divorce provides an amicable process where you and your spouse can discuss the terms of your separation. Less stress means you can focus on your family’s best interests and future.
Are You Eligible for an Uncontested Divorce
Avoiding litigated divorce may be the best decision you will make moving forward.
You and your spouse are likely to get an excellent outcome when you pursue an uncontested divorce instead. This option will help both of you stay on a cordial path.
If you want to know if you and your spouse are eligible for an uncontested divorce, get in touch with Next Page Mediation. We can help you achieve the most favorable outcome possible for your divorce.
To schedule a free confidential consultation, click here.