There are other types of divorce in addition to litigation. Uncontested divorce options include mediation or collaborative divorce.
The prospect of a divorce is daunting to many couples who are preparing to end a marriage. Raw emotions are usually involved, and couples may worry about the time and cost it can take to get a divorce. Plus, what about difficult disputes, such as deciding how to divide marital property and coming up with a parenting plan that’s best for everyone in the family? Divorce is hardly ever easy, but there are some options for Florida residents that may help to streamline the process and minimize conflict.
An uncontested divorce is one way that couples may put this painful chapter of their lives behind them as quickly and efficiently as possible. Uncontested options allow divorcing spouses greater flexibility in resolving their own conflicts, rather than relying on the discretion of a judge to make these decisions for them.
Mediated divorces are popular, states the American Bar Association, because they can be an extremely cost-effective option when compared to a litigated divorce. During mediation, each spouse will sit with a neutral third party to discuss their issues. This objective person may be a certified mediator or an attorney with mediation experience. Mediation is advantageous because it is entirely private, rather than having everyone’s personal details discussed in a public courtroom. It can also benefit children by exposing them to less conflict than a litigated divorce. Mediation works best when both spouses are able to treat each other with respect and listen to each other’s opinions.
In a collaborative divorce, each side will have his and her own attorney, states U.S. News. Collaborative law is often helpful when the divorcing couple has complex property division or child custody matters. It may be necessary to involve additional professionals, such as child therapists and financial advisors. People who go through a collaborative divorce may be able to avoid going to court; however, it is important to understand that if the couple is unable to reach a resolution, they will need to get new attorneys, which may complicate the process.
In some cases, uncontested divorce is not the best option or even the advisable one, points out the Huffington Post. The following situations may indicate that a litigated divorce may be in one or both parties’ best interests:
- Alcohol or illegal substance abuse were factors in the marriage.
- Domestic violence was present in the relationship.
- One partner is at a financial disadvantage to the other.
- One person feels intimidated or threatened by the other.
- Neither spouse is able to agree on anything or treat each over civilly.
It is important to have an understanding of the different methods before deciding which option to take, since each has advantages and limitations. An experienced family law attorney in Florida may be able to help you decide on the best option for your own circumstances.