For people who want to resolve their divorce as painlessly as possible, an uncontested divorce is possible with the help of a family law attorney.
Common Disputes in Divorce
The most common disputes that arise during a divorce are:
Property Division
Property division can be tricky during a divorce. Often, both parties want to retain the same property, making an equitable division of assets difficult.
Child Custody Issues
Child custody, child support, and split parenting responsibilities can be some of the trickiest issues for a divorcing couple to resolve.
Spousal Support
Spousal support is a common provision in divorce to help the party with a lower income maintain his or her standard of living. Determining the amount or length of payments is often difficult.
What is an Uncontested Divorce?
Couples can resolve their disputes through an uncontested divorce. An uncontested divorce is when the parties can resolve their issues without court intervention. The two parties create a divorce settlement fully detailing the decisions they have reached. They complete the divorce by attending a “prove-up” hearing.
If couples want to pursue an uncontested divorce but need help resolving more complicated issues, they can dissolve their marriage through mediation or a collaborative divorce.
Mediation
In mediation, couples work together with the assistance of a mediator to resolve their disputes. The mediator is a lawyer or someone with legal experience that does not represent either party. Instead, the mediator is a neutral party who provides guidance and can advise on fair resolutions.
Collaborative Divorce
When a couple is dealing with complex financial issues, mediation may not be the right path. Alternatively, couples may wish to pursue a collaborative divorce. In a collaborative divorce, both parties are represented by family law attorneys. The parties and their attorneys work through a series of conversations to resolve disputes. The attorneys often seek the help of experts such as financial advisors, accountants, or appraisers to help with more complex financial issues.
Litigation
If a couple cannot resolve their disputes through mediation or collaborative divorce, their last resort is to dissolve their marriage through litigation. However, a divorce trial is an expensive and time-consuming process in which the judge makes the final decision on all disputes and issues a divorce judgment. Due to the difficulty and expense of litigation, most couples first attempt to dissolve their marriage through an uncontested divorce with the help of a family law attorney.
