Divorces don’t always have to go through the court. Today’s uncontested options include mediation and collaborative law.
A divorce is rarely easy, even for those with few disputes arising from the split. Even so, the divorce process may go by smoother and more quickly for couples who are able to resolve their issues through an uncontested divorce. Also known as amicable divorce, these options are available to Texas couples to help them reach a resolution with minimal time, expense and hassle.
What are the options for an amicable split that are available today? Collaborative law and mediation are two popular uncontested divorce methods that have helped countless couples effectively end their marriages without having to resort to a costly, drawn-out court case.
According to U.S. News, collaborative law is an uncontested option that is often highly effective for couples who have complex asset or property issues, as well as other complex disputes such as child custody. In a collaborative divorce, each spouse will use his and her own attorney, and other professionals may be brought in to help smooth over arguments. These may include child therapists and financial advisors.
Mediation is another form of amicable divorce that may be extremely beneficial in terms of cost and minimizing conflict, states the American Bar Association. During mediation, an impartial third party sits with the couple to help them reach agreements on their issues. Each spouse may also wish to counsel with an attorney. This option is often best if each spouse can speak to each other with respect and cooperatively consider each other’s side with an open mind.
When an amicable divorce may not be best
There are some cases in which an uncontested divorce is not possible or may not be recommended, according to the Huffington Post. These may include the following:
• In cases of domestic violence
• If alcohol or substance abuse were factors during the marriage
• If one spouse is at a significant financial disadvantage to the other
• If one spouse feels intimidated or threatened by the other
• If the divorcing couple is unable to speak to each other civilly or consider each other’s needs and concerns
If the decision is ultimately to choose a contested divorce over the uncontested options, it is still possible to obtain a divorce that is in each party’s best interests. It is important to remember that each couple’s situation is different, and what is ideal for one couple may not be a good option for another. The decisions you make during the divorce process are important and may affect you for many years after the papers are finalized. You may wish to speak with an experienced family law attorney in Texas about your particular situation before deciding which option is best for you.