Is an uncontested divorce easier than a contested divorce?

When spouses file for divorce, they have the option of claiming a fault ground or a no-fault ground. Upon filing the paperwork with a fault ground, they may enter into a contested divorce. This may cause them to enter into litigation where they will have to go to a courtroom for a judge to make decisions for their marital issues. If a no-fault ground is claimed, the couple may enter into a contested divorce. This process may be considered easier since couples do not have to enter litigation. That means a judge will not be making decisions for them in relation to their marital issues. This may be seen as beneficial since the spouses will have more say over how their marital issues are resolved. An uncontested divorce requires couples to go through alternative dispute resolution. Mediation may be a good way for them to work through their issues. In mediation, they are encouraged to talk out their issues and make compromises with one another for their marital issues. They will have to arrange child custody arrangements to allow them time with the children and to provide for the children as well. These arrangements should be made with the child’s best interests in mind. Alimony and child support will need to be decided on as well. This involves the issue of money. This can be a difficult topic to talk about if one spouse has a higher earning than the other. However, in these situations, one spouse may be a dependent party. They may need the earnings of the other spouse to provide for them or for the children.

How can mediation benefit me?

Before couples decide to contest a divorce, they should consider mediation as a way to solve their issues. Through mediation, they will be accompanied by a neutral third party. This individual can help guide the conversation to reaching solutions for the couple and their divorce issues. By being in control of the outcome, the spouses may be more satisfied with the final agreement. In litigation, a judge decides on these matters, which leaves spouses with little control over the situation. Therefore, they may not be satisfied with the outcome. Mediation allows couples to work together with many benefits to it. Spouses can maintain a respectful demeanor with one another since they will not have to fight in court. They can discuss their concerns regarding the terms to their divorce in an honest and open manner. With this process, cooperation of all parties is needed.

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a free consultation.