Amazingly, the most frequent kind of divorce is the uncontested divorce. As a matter of fact, estimations have suggested that more than 95% of U.S. divorces are this type of divorce. It occurs when the couple agrees on the unique issues related to their divorce. For instance, issues such as living arrangements, child custody, child support, spousal support, finances, etc. This is a less stressful way for a couple to divorce.
An ‘uncontested’ divorce can be completed much quicker than the majority of people realize. Especially if the divorcing couple has come to an agreement on the primary issues and prepared all the necessary information concerning their divorce.
When both parties agree and present an equitable and fair agreement to the court, the divorce approval is nearly guaranteed. In all actuality, the courts prefer the parties reach an agreement before entering the courtroom.
When there are not difficult issues and both parties are cooperating, an agreement can usually be reached between the two. A do it yourself uncontested divorce would be an option for the couple to consider. In many cases, the necessary divorce forms are printed from the website of the state the couple resided in. A filing fee has to be paid to the state where the couple is filing for a do it yourself uncontested divorce. The majority of US states will charge from $175 to $350 for a rather simple filing. There are two different kinds of divorces that are considered uncontested divorces. The mediated and collaborative divorces are considered uncontested.
Collaborative Divorce
In a collaborative divorce, the couple attempts to come to an agreement with assistance from attorneys. These attorneys specialize in mediation and the process of a collaborative divorce. Many times, there is also a divorce coach(es), or an impartial financial specialist assisting as well. This process assists the couple in making decisions according to their personal interests with professional support and complete information. Many times this process improves the communication between the couple, which in turn lessens the possibility of the couple returning to court after their separation or divorce is completed.
Once the attorneys assist the couple in a collaborative divorce, they are prohibited from any representation of the couple should a contested divorce become necessary. Should the couple not reach agreements during the collaboration process, any information or documents used in the process is not able to be used in a contested divorce unless both parties agree to the use of this information.
None of the professionals used during the collaboration can be used in the courtroom. Basically, these professionals have identical protections as in mediation. There are only two exceptions: 1. any affidavit that had been sworn during the collaboration and related vouching documentation. 2. Any temporary agreement that is made and signed during the collaboration or any correspondence that also relates thereto.
The couple is the deciding factor on the length of time they are willing to give the collaboration process. Some couples will reach their solutions within a couple meetings, while others will need much more time.
The collaborative practitioners schedule meetings for every two weeks. The practitioners will orchestrate what professionals will assist the couple based on the items to be discussed at each appointment.
Mediated Divorce
Divorce mediation is another option to a traditional divorce. In divorce mediation sessions, a mediator will assist the couple in their discussions and provide them with information and some suggestions to help them come to an agreement. Following the mediation process, the separating couple will have developed a divorce agreement tailored to their situation. This mediation agreement will be presented to the court. A mediation session can include a neutral attorney, an attorney-mediator or either spouse’s attorney. The attorney-mediator can inform each spouse what his or her legal rights are, however will not give either spouse any advice. The mediation session can also be conducted without any attorneys present by using a transformative or facilitative mediator.
A divorce mediator may be an attorney with experience in cases concerning divorce, or a professional mediator who is not an attorney. A professional mediator has trained specifically in matters concerning family court. Divorce mediation is usually less costly to the couple than litigation would be, financially and emotionally. Divorced couples tend to adhere to a mediated agreement better than to an order of the court.
