When divorces are uncontested, they may go through a simpler process. This process can consist of mediation and avoid litigation. With uncontested divorces, neither spouse is to blame for the breakdown of the marriage. There is a no-fault ground established instead. When both spouses agree to the terms of the filing for divorce, it can be seen as an uncontested divorce. With so much emotional turmoil, some couples opt for this decision to avoid more turmoil during divorce proceedings. An uncontested divorce can be beneficial for those that are going through an amicable divorce. Through mediation, they will be able to decide on outcomes for marital issues.
Can the original filing for divorce become contested?
Although spouses may have originally filed for an uncontested divorce, it has the possibility of becoming a contested divorce. If mediation is not going well and spouses are unable to decide on marital issues, they may decide to contest the divorce. They may not be able to cooperate with one another or they may not be satisfied with the outcomes that were reached in mediation. This can lead to a contested divorce that may bring the couple to litigation instead. With this process, the couple may face more turmoil since they will have to be in a public setting and have someone else make decisions for them.
What are benefits associated with mediation?
Divorce mediation is a process that is seen as beneficial for those entering into an uncontested divorce. They can agree to try the process with the option of ending it at any time. During this process, they will meet with a neutral third party that serves as a mediator. The mediator does not make decisions for the spouses. Instead, the mediator is there to guide the conversation toward final outcomes on marital issues. The spouses are the ones who make the decisions for marital issues, such as child support, alimony, child custody and more. These issues can be hard to make decisions on. The mediator is there to help. Also, spouses are able to bring their attorneys to mediation. During this process, spouses can find comfort in knowing that they get to make their own decisions instead of having a judge make decisions for them in court.
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.