Is an uncontested divorce right for you?

Uncontested divorce has many benefits. Mediation is one type of amicable divorce that is becoming more popular today.

son and fatherEnding a marriage is never easy, no matter how well the divorcing parties get along. Since “not getting along” is quite often the reason for a failed marriage, it is no wonder that Texas couples can find this one of the most challenging and heartbreaking times of their lives. Is it possible to get through a divorce with minimal conflict and tension despite the issues at hand?

Many people are in favor of amicably ending a marriage for the numerous benefits such a situation offers. This type of divorce is often referred to as an uncontested divorce. Simply put, it means that each spouse agrees on the terms without relying on the court to solve their problems. An uncontested divorce does not necessarily mean that there are no arguments during the process. However, these arguments may be resolved with the help of a third party, without needing a judge to intervene.

Mediation as a form of uncontested divorce

Mediation can be of the most effective forms of amicable divorce, and is gaining in popularity. According to the American Bar Association, this process involves a neutral third party. This person sits with the divorcing couple to help them negotiate their disputes and come up with mutually agreeable solutions. This third party can be a certified mediator or an attorney with mediation experience. Depending on the cooperation of both parties, mediation may be completed in only one session, or it can take several sessions to address and resolve all of the issues. The mediator may also request to meet with each spouse in a private session so they can feel comfortable bringing up difficult topics.

The benefits of an amicable split

Numerous benefits make an uncontested divorce attractive to many people, states the Huffington Post. These may include:

  • Cost-effectiveness - Amicable divorces are known to cost a fraction of the cost of a litigated divorce.
  • Problem-solving strategies - Divorcing spouses learn valuable skills in cooperating and addressing issues, which is beneficial if they need to interact with each other in the future.
  • Lessens impact for children - Divorce is hard on children, and an amicable divorce often shields children from painful conflict. Parents can also work with each other to come up with the best parenting plans to benefit everyone.
  • Privacy - Mediation keeps private details out of the courtroom.

For couples who can set aside their differences, treat each other respectfully and listen with an open mind, uncontested divorce methods such as mediation may be ideal. However, this type of divorce is not for everyone. In some instances, one or both spouses may be unable to reach agreements without arguing. It can be difficult to go through mediation when domestic violence or substance abuse were factors during the marriage. One spouse may feel emotionally intimidated by or at a financial disadvantage to the other. In any of these scenarios, litigation may be the better option for Texas couples.

Your divorce is a personal experience, and therefore you should take time to be sure you are making the right choice for your situation. It can help to speak with a family law attorney about which type of divorce may be best for you.

Keywords: divorce, uncontested, children, custody, property, division

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