Going through a divorce can be a strenuous process. However, if the divorcing parties work together, it can make the process easier.
For those looking to have an amicable split, there are a couple of options to choose from outside the traditional court process. Particularly regarding divorce mediation and uncontested divorces, there are a few key differences.
In short, the mediation process is an alternative divorce process that involves a mediator facilitating the divorce to allow parties to work out the terms amongst themselves. The mediator does not represent either party, but rather ensures the parties cover all necessary aspects of the divorce and records the terms the two parties come to. Both or either party may have attorney representation present, or they may seek counsel from an attorney throughout the process.
As the name indicates, an uncontested divorce is a divorce process divorcing spouses may utilize when they are both in agreement with the dissolution of the marriage and its terms. Parties may choose to complete the process on their own. However, due to their expertise in divorce law, many parties do seek counsel from an attorney. It is important to note that the attorney in an uncontested divorce only represents one party, not both.
In determining whether a divorce mediation or uncontested divorce process would work best, there is one important question to ask: Do the parties agree with each other on the terms of the divorce? If so, an uncontested divorce could be the most efficient choice. On the other hand, when parties have varying opinions on certain topics but are willing to work together to come to a solution, divorce mediation may be the best choice.
The divorce process is personal and life-changing. Therefore, parties should take the time to determine the right process to meet their needs, as well as the appropriate professionals to assist them through it all.