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In an Uncontested divorce, the divorcing couple has a negotiated divorce agreement which is presented to the court for review and approval by the judge. In a Contested divorce, the couple cannot come to agreement on some or all areas of their divorce and are asking the court to make these decisions for them.
Your divorce agreement should take into consideration all pertinent areas of your life that are the result of your marriage. Consider the length of your marriage, whether you have children, importance of a stay at home parent, amounts and types of assets and liabilities, types of incomes, any businesses, and any other area of importance. The final divorce agreement will describe your agreements on issues such as:
Division of assets and liabilities
Co-parenting and visitation
Many couples believe they must use attorneys to get a divorce. Attorneys do provide a valuable service in the legal counsel they provide, but attorneys are not necessary in negotiating the divorce agreement that is required to get a divorce. One attorney cannot represent both spouses in a divorce, thus both spouses must retain their own attorney. Hiring two attorneys to negotiate between yourselves is the most expensive option. Also, paying an attorney does not guaranty a fair divorce agreement.
The least expensive option for developing a divorce agreement, is for you and your spouse to discuss the important areas of your married life and develop a reasonable divorce agreement that you both can live with. Depending on how spouses interact with each other, these negotiations can be difficult. Negotiating is not easy when emotions are high and courtesy is low, or if one spouse is intimidated by the other.
Divorce mediation is a great option for couples seeking an uncontested divorce. Especially if they are willing to negotiate, but are having difficulty doing it themselves and don’t want the expense of attorneys. Your mediator will work with you and your spouse impartially and fairly, provide a neutral and safe atmosphere for negotiations, keep discussions focused and courteous. With the help of your mediator you and your spouse stay in control of making your own decisions and have the best chance for a fair divorce agreement that you both can live with.
Contact S. M. Edwards & Associates LLC, to find out how mediation can save you time and money