Many couples want to get divorced with the least amount of expense and time. To that end, they are willing to work very hard with their spouse to reach agreements that are perhaps not exactly perfect but settle the important issues favorably. Spouses who can resolve their own differences in this way can take advantage of the uncontested divorce process with substantial benefits.
For example, instead of focusing on getting every last dollar out of the marriage through the divorce, the spouse will focus on his/her future financial prospects and obtain the support and/or distribution of assets that they need. Another example is the client who feels strongly that the other parent is not as good a parent as he/she is, but is willing to overlook that parent’s parenting choices if they do not pose an immediate risk of harm or danger to their child. By being willing to compromise, the parties can pursue an uncontested, out of court divorce.
A very good way to do this is with a mediator who can sit with both spouses and facilitate and engender a discussion that keeps the focus on the issues that they each think are most important. Among other things, the mediator’s role is to allow a full in-depth conversation while not allowing past grievances to derail the talk away from building consensus. A good mediator is capable of doing this and at the same time, giving credence to all issues raised and respecting both spouses.
After the spouses complete mediation with a full understanding and agreement on all issues, they can hire the law firm to draft a Marital Settlement Agreement that encompasses their decisions, and prepare and file the rest of the documents required by the court for a divorce. There are several additional court documents that must be drafted and filed as part of the uncontested divorce package. There are fees for the filing of these documents. While an uncontested divorce is not cheap, it is still substantially less expensive than a contested divorce.
You may think that your issues with your spouse are too difficult or complex to resolve with mediation, but we have been successful in helping clients mediate even where there has been financial irresponsibility, adultery or alcohol and drug use. Each of these matters has resulted in a fully executed Marital Settlement Agreement and a Judgment of Divorce.
If you and your spouse have determined that divorce is in your future, do not hesitate to contact Jewell Law for more information about mediation and an uncontested divorce. Why wait to be happy?
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