Mediation, Collaboration, and Uncontested Divorce: What's the Difference?

Mediation, Collaboration, and Uncontested Divorce: What's the Difference?

Posted By Hanson, Gorian, Bradford & Hanich || 30-Dec-2015

The timeline of a marriage is unpredictable and maintaining a strong relationship with your spouse can be understandably difficult. If you feel that your marriage should come to an end and be dissolved, you might not realize it but you actually have more than a few legal options to choose from to proceed. Just as every marriage is different, so is every divorce, and you will want to make certain you are making the right decisions to get you and your spouse through this time with as little stress as possible.

You may want to consider these three useful and less-stressful divorce alternatives:

  1. Mediation: You and your spouse agree to settle your divorce matters privately, without the oversight of the court, and use a neutral third-party mediator – usually a professional family law attorney – to communicate. The mediator will not make decisions for either of you but will instead give advice and encourage the notion of working together, even in divorce. Should a disagreement remain unsettled during mediation, the matter can proceed to court but the mediator cannot stay to represent either of you.
  2. Collaborative divorce: In order to keep the divorce as fast, and as inexpensive, as possible, you and your spouse will agree to do your best to see eye-to-eye and prevent disagreements from escalating to the courtroom. In a collaborative divorce, there is no set mediator and you can both be represented by your own divorce attorneys. Collaboration can be seen as akin to mediation, only with more direct legal counsel present.
  3. Uncontested divorce: For spouses who are divorcing for less hostile reasons, such as falling out of love as opposed to infidelity, an uncontested divorce may come naturally. Each spouse should plan on upholding their best interests and protecting their own marital property but do so in a way that does not harm the wellbeing of the other. If you and your spouse find that you agree naturally on all important aspects of your divorce, it can be called uncontested and circumvent a courtroom trial altogether.

Taking the Path Less Traveled

Many divorces wind up being contested as heated arguments flare up over matters of child support, visitation, alimony, and more. The end result is often destroyed relationships, which can spill out and cascade into your relationships with your children. To avoid such unfavorable consequences, you should consider mediation, collaboration, or an uncontested divorce, and keeping the general idea of mutual gain during your divorce in mind.

If you would like help navigating this less-traveled road of family law, you can contact a Murrieta divorce attorney from Hanson, Gorian, Bradford & Hanich today. With decades of combined legal experience and thousands of success stories, we are sure to be able to find the legal solution that sits right with you and your family. Call (951) 506-6654 today to schedule a free consultation. We also serve Temecula.