If you and your spouse have decided to end your marriage and have been looking into divorce mediation styles and options, chances are you have come across the phrase “uncontested divorce.” While numerous divorcing couples have found that filing for uncontested divorce is far more beneficial than going through the tedious, painful, and often costly divorce litigation process, you may have some questions before you decide whether it is the right option for you. Here are the basics about uncontested divorce, how it works, and what you and your soon-to-be former spouse can expect from your uncontested divorce mediation process.
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What is Uncontested Divorce?
Since it sounds like the opposite of a “contested divorce,” an uncontested divorce must mean that both parties are still friendly with one another, right? Actually, though it definitely sounds more civil than a contested divorce, the phrase “uncontested divorce” does not necessarily mean that the split is amicable or friendly. Actually, in many cases, the total opposite is true! The primary difference between a contested divorce and an uncontested divorce is that the latter requires both parties to agree upon a mutual divorce settlement, which is submitted to the court. This differs from a contested divorce, which usually involves courtroom proceedings, complete with attorneys and a judge, to finalize a divorce settlement.
What Makes an Uncontested Divorce Beneficial to Me?
If both you and your soon-to-be former spouse agree that ending your marriage is the right solution for you, and if you can cooperate on a fair division of assets, both parties can benefit greatly from an uncontested divorce. Rather than having to go through the expensive, emotionally-taxing ordeal of courtroom litigation, a process which can sometimes drag on for a full year, filing for an uncontested divorce and settling out of court with Denver Divorce mediators such as Split Simple can save a considerable amount of time and money for both parties.
When is Uncontested Divorce NOT an Option?
No matter how tempting it is to save time and money with an uncontested divorce, you will need to pursue courtroom litigation f any potentially dangerous circumstances such as domestic violence, substance abuse, or child welfare issues are complicating your divorce proceedings. Since certain situations may require a need for advanced legal protection, such as a mandated court order for child custody or even a restraining order, which a divorce mediation specialist is unable to provide, it’s best to hire an attorney and begin divorce proceedings in court if it is necessary for you to obtain any of these documents. However, if you and your spouse have no such issues, you may proceed with your uncontested divorce.
Though it’s never easy to make the decision to dissolve your marriage, filing for an uncontested divorce is one way to make the process more simple, saving you untold amounts of time, stress, and money, and helping you reach the other side of your divorce and begin to heal much more quickly.
