When couples decide to divorce, there are questions about how it will work. One way to ease some of your concerns is to pursue an uncontested divorce. This type of divorce happens when both spouses agree on the terms of the divorce without needing court intervention. Working with a divorce mediation attorney can give you the ability to make it happen.
An Amicable Divorce
When a couple decides to divorce, they often want to do so as amicably as possible. Working out the details of your separation and divorce without going to court is usually possible with the help of a 3rd party mediator. An experienced divorce mediation attorney can help spouses agree on all aspects of their divorce, including child custody, property division, and alimony.
By working together in mediation, couples can avoid costly, public, and time-consuming court battles and move forward with their lives quickly and fairly. A courtroom battle is unnecessary if a couple can work out their issues together.
Keeping It In the Family
Discussing the issues of your separation and divorce with an impartial 3rd party instead of taking it into a courtroom gives you privacy. What you discuss in mediation sessions is not recorded or written down as part of your final agreement or memorandum of understanding. Your memorandum is the only public document the judge needs to issue your divorce decree.
Mediators Listen and Help Your Spouse Hear You
A divorce mediation attorney understands how to help you be heard and also to listen and understand your spouse’s point of view. You both have the opportunity to explain what is important to you and why. The mediator can also offer creative solutions that may help you come to an agreement.
Mediators are impartial and trained in how to help couples discuss the most crucial disagreements in a way where each party feels respected. Attending mediation is usually casual and private, like a counseling session. If you feel like your spouse is backing you into a corner, you can say this without fear that the mediator will ignore or invalidate your concerns.
The mediator listens and helps guide your discussion into a helpful place where you both hear each other and can find solutions together rather than getting stuck in the same old battles.
Reach a Fair Agreement
When signing divorce papers, both spouses must agree to the final terms for the divorce to be final. If even one issue remains unresolved, the divorce is “contested” and will go to trial. A divorce trial can take months or even years to resolve and cost thousands. In addition, you have no final authority with a trial since the judge makes the final decision.
Not reaching agreements with your spouse can cost you your future relationship as parents if you have children. How you handle a divorce is a legacy you pass on to your children. Avoiding acrimony and blowups while trying to see things from your spouse’s view can go a long way toward finding common ground.
The best way to avoid a trial is by working together in mediation with an experienced divorce mediation attorney who can help you reach a fair agreement on all aspects of your divorce. This type of counseling will allow you to move forward with your life quickly and without the expense of a court battle.
What If We Can’t Agree?
If spouses cannot come to an agreement during mediation, they can still both have their separate attorneys and go to trial. However, if they have worked with a divorce mediation attorney, they have already addressed all the critical issues and feel prepared for trial. In some cases, going to trial may be the best option if one spouse is being unreasonable or refuses to negotiate in good faith.
An experienced divorce mediation attorney can help you decide if going to trial is the best option for your situation. They can also help you understand your rights and what to expect from the divorce process.
No matter your particular situation, working with a divorce mediation attorney can help you divorce without going to court. Many couples reach a fair agreement quickly and move on with their lives.
We Can Help
At Plekan Law, our experienced divorce mediation attorneys work with you to help you avoid costly and time-consuming court battles. Mediation helps you maintain your privacy, hear and understand your spouse’s point of view, and reach a fair agreement. With our guidance, it is likely possible for you and your spouse to find the agreement you need to get your uncontested divorce and move forward.