Your questions answered on uncontested divorce
Divorcing couples may choose an uncontested option, besides traditional litigation. This may include mediation or collaborative law.
Getting a divorce is never easy, no matter how much Nevada residents may agree on the terms. Divorce is often emotional, contentious and heartbreaking. Naturally, many divorcing couples may wish to reduce the conflict, time and expense as much as possible. An uncontested divorce may be an ideal choice for those who are able to manage disputes without the need of a judge’s intervention.
What are the benefits of an uncontested divorce?
An uncontested, or amicable, divorce has numerous benefits that litigation often lacks. The most attractive benefit may be the potential to save money. Uncontested divorces often cost far less than going to court. These options also tend to take a minimal amount of time and are less contentious. When a divorcing couple approaches the end of a marriage with an open mind and is willing to negotiate and listen to the other side, they learn valuable communication and negotiation skills. Additionally, children may be shielded from much of the conflict when an uncontested option is chosen.
What does mediation entail?
Mediation is one popular uncontested method. According to the American Bar Association, this option involves both spouses meeting with another person, who is required to remain neutral. This may be an attorney with mediation experience or a certified mediator. During this process, the mediator will discuss the issues with the couple and help them reach resolutions that they both can agree on.
Are there instances in which an uncontested divorce is not recommended?
An uncontested option may not be the best choice in certain circumstances, including the following:
- If domestic violence or substance abuse were present during the marriage
- If one spouse is at a significant financial disadvantage
- If one spouse feels intimidated by the other
- If neither spouse is able to work together or agree on resolution methods
Divorce is a difficult experience to go through, but being able to choose an uncontested method may help. It is important to talk about your situation with an experienced Nevada family law attorney so you can make an informed decision about what is best for you.